Legal Opinion

Doctors' Co. v. Superior Court

California Supreme Court

Decided July 17, 1989No. Docket Nos. S003148, S003588PublishedCited by 115 opinions

1Opinion of the Court

Opinion

KAUFMAN, J.

The question presented is whether an insurer, its attorney retained to assist in the defense of an insured against a third party claim, and an expert witness, also retained by the insurer for that purpose, can be held liable for damages to the claimant for a conspiracy to violate Insurance Code section 790.03, subdivision (h)(5) (section 790.03(h)(5)), which makes it an unfair practice under certain circumstances for an insurer to refrain from attempting to effectuate a prompt and fair settlement of a claim after liability has become reasonably clear. A petition for a writ…

2Cases cited15 opinions

  1. Gruenberg v. Aetna InsuranceCalifornia Supreme Court · 1973
  2. Moradi-Shalal v. Fireman's Fund Ins. CompaniesCalifornia Supreme Court · 1988
  3. Royal Globe Insurance v. Superior CourtCalifornia Supreme Court · 1979
  4. Unruh v. Truck Insurance ExchangeCalifornia Supreme Court · 1972
  5. Wyatt v. Union Mortgage Co.California Supreme Court · 1979

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3Cited by115 opinions

  1. Applied Equipment Corp. v. Litton Saudi Arabia Ltd.California Supreme Court · 1994
  2. Rusheen v. CohenCalifornia Supreme Court · 2006
  3. Neilson v. Union Bank of California, N.A.District Court, C.D. California · 2003
  4. Janken v. GM Hughes ElectronicsCalifornia Court of Appeal · 1996
  5. City of Atascadero v. Merill Lynch, Pierce, Fenner & Smith, Inc.California Court of Appeal · 1999

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