Legal Opinion

Bunner v. California Insurance Guarantee Ass'n

California Court of Appeal

Decided June 18, 1984No. Civ. No. 68110; Civ. No. 69336PublishedCited by 1 opinion

1Opinion of the Court

Opinion

JOHNSON, J.

The pivotal issue in this case is who is entitled to the deductibles paid by policyholders to an insurance company which becomes insolvent. The California Insurance Commissioner (commissioner) contends the deductibles are assets of the insolvent companies to which he is entitled as liquidator. (Ins. Code, §§ 1011, 1016, 1037.) The California Insurance Guarantee Association (CIGA) contends the deductibles were held in trust by the insolvent companies awaiting application to the specific claim for which they had been paid and, therefore, CIGA is entitled to the deductibles in…

2Cases cited18 opinions

Select Base Materials, Inc. v. Board of EqualizationCalifornia Supreme Court · 1959
Graham v. HansenCalifornia Court of Appeal · 1982
Freeman v. Superior CourtCalifornia Supreme Court · 1955
E. L. White, Inc. v. City of Huntington BeachCalifornia Court of Appeal · 1982
Golden Gate Consolidated Hydraulic Mining Co. v. Superior CourtCalifornia Supreme Court · 1884

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3Cited by1 opinion

In Re Imperial Ins. Co.California Court of Appeal · 1984