Webster v. Superior Court

Opinion

EAGLESON, J.

The issues in this case are whether an insurance company’s insolvency proceeding under the California Insurance Code requires a stay of a personal injury action against the company, even when the company itself is insured by another carrier for the claim and, if not, whether the stay of petitioners’ personal injury action against an insolvent insurer was an abuse of the trial court’s discretion. We hold that a stay is not mandated by the governing statutes but that a personal injury claimant must make a binding election as to whether he is seeking to recover from the…