Legal Opinion
Tomaselli v. Transamerica Insurance
California Court of Appeal
Decided June 20, 1994No. D016409PublishedCited by 18 opinions
1Opinion of the Court
Opinion
FROEHLICH, J.
This appeal revisits the dispute between Dominick and Denise Tomaselli (Tomasellis) and Transamerica Insurance Company. The dispositive issue is whether an insured, after suing his insurer for failure to pay a claim and recovering a judgment, may again sue if the insurer does not immediately pay the judgment. The trial court concluded such a cause of action could not be asserted. We agree and thus affirm.
1. Facts
We summarily state the relevant facts. In the first lawsuit (hereafter action one) Tomasellis sued Transamerica for refusing to pay a claim they made in 1987 on…
2Cases cited17 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
- Foley v. Interactive Data Corp.California Supreme Court · 1988
- Gruenberg v. Aetna InsuranceCalifornia Supreme Court · 1973
- Egan v. Mutual of Omaha InsuranceCalifornia Supreme Court · 1979
- In Re Marriage of FlahertyCalifornia Supreme Court · 1982
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Mycogen Corp. v. Monsanto Co.California Supreme Court · 2002
- Knotts v. Zurich Insurance Co.Kentucky Supreme Court · 2006
- Imperial Bank v. Pim Electric, Inc.California Court of Appeal · 1995
- Old Republic Insurance v. FSR Brokerage, Inc.California Court of Appeal · 2000
- Jaffe v. PacelliCalifornia Court of Appeal · 2008
13 more not listed; retrieve them via the Exa API.