Legal Opinion
Tran v. Farmers Group, Inc.
California Court of Appeal
Decided January 27, 2003No. A093437PublishedCited by 35 opinions
1Opinion of the Court
Opinion
PARRILLI, J.
This case involves the fiduciary and contractual duties owed to an insured by a reciprocal insurer’s attomey-in-fact. The attomeyin-fact acts as the insurer’s managerial agent, deriving its authority from a power of attorney executed by the insured. (Ins. Code, § 1305; Lee v. Interinsurance Exchange (1996) 50 Cal.App.4th 694, 704 [57 Cal.Rptr.2d 798].) We hold that the attomey-in-fact owes the insured a limited fiduciary duty under the power of attorney. We also hold that the attomey-in-fact may be liable for breach of the covenant of good faith and fair dealing implied in…
2Cases cited28 opinions
- Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
- Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
- Gruenberg v. Aetna InsuranceCalifornia Supreme Court · 1973
- Egan v. Mutual of Omaha InsuranceCalifornia Supreme Court · 1979
- Moradi-Shalal v. Fireman's Fund Ins. CompaniesCalifornia Supreme Court · 1988
23 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Troyk v. Farmers Group, Inc.California Court of Appeal · 2009
- True v. RoblesCourt of Appeals for the Fifth Circuit · 2009
- R & B Auto Center, Inc. v. Farmers Group, Inc.California Court of Appeal · 2006
- Toho-Towa Co. v. Morgan Creek Productions, Inc.California Court of Appeal · 2013
- Dellaira v. Farmers Insurance ExchangeNew Mexico Court of Appeals · 2004
30 more not listed; retrieve them via the Exa API.