Austero v. National Casualty Co.

Opinion

KAUFMAN, J.

Dorothy Austero (hereafter “plaintiff’), the wife of Julius S. Austero, an incompetent, instituted this action as guardian ad litem of her husband and individually on her own behalf seeking compensatory and punitive damages for defendants’ refusal to pay to Julius disability benefits allegedly due under policies of disability insurance and for defendants’ alleged breach of the implied covenant of good faith and fair dealing arising out of the insurance policies.

The trial court sustained defendants’ demurrer with leave to amend to plaintiff’s first amended complaint insofar…