Legal Opinion · Dissent

Reichert v. General Insurance of America

California Supreme Court

Decided July 3, 1968No. L. A. 28767Published

1Dissent

*839PETERS, J.

I dissent.

Plaintiff has sufficiently alleged against a general demurrer that he had fire insurance policies, that a fire occurred, that the insurers wrongfully refused to pay the fire loss, that as a result of the wrongful refusal he was forced into bankruptcy, and that as a result of the bankruptcy caused by the wrongful refusal to pay the fire loss he suffered damages in the amount of $1,500,00o.1 It is my view that such allegations state a cause of action and that this cause of action has not passed to the trustee in bankruptcy.

As I understand the opinion of the majority, it is…

2Cases cited56 opinions

  1. Comunale v. Traders & General InsuranceCalifornia Supreme Court · 1958
  2. Crisci v. Security InsuranceCalifornia Supreme Court · 1967
  3. Brewer v. SimpsonCalifornia Supreme Court · 1960
  4. Klopstock v. Superior CourtCalifornia Supreme Court · 1941
  5. Brown v. Guarantee InsuranceCalifornia Court of Appeal · 1957

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