Zephyr Park, Ltd. v. Superior Court

Opinion

FROEHLICH, J.

This petition tests the applicability of the ruling in Moradi-Shalal (Moradi-Shalal v. Fireman's Fund Ins. Companies (1988) 46 Cal.3d 287 [250 Cal.Rptr. 116, 758 P.2d 58] to “bad faith” claims brought under Insurance Code section 790.03, subdivision (h), 1 by first party, as distinguished from third party, plaintiffs. We hold Moradi-Shalal determined that section 790.03(h) cannot be used as the basis for a private action, whether brought by “first parties” or “third parties,” 2 but that the Supreme Court’s ruling of nonretroactivity for pending bad faith cases is…