John Avila v. The Travelers Insurance Companies, a Corporation

ELY, Circuit Judge:

Avila appeals from a published MEMORANDUM OF DECISION & ORDER, Avila v. Travelers Ins. Companies, 481 F.Supp. 431 (C.D.Cal.1979), dismissing by summary judgment his suit alleging that travelers committed unfair settlement practices in violation of California Insurance Code § 790.03(h)(3) and (h)(5). 1 The suit is based upon and seeks to apply retroactively the recent holding of Royal Globe Insurance Company v. Superior Court, 23 Cal.3d 880, 153 Cal.Rptr. 842, 592 P.2d 329 (1979), which held that third party claimants can bring a cause of action against an insured’s…