Legal Opinion
Mariscal v. Old Republic Life Insurance
California Court of Appeal
Decided February 29, 1996No. B087100PublishedCited by 37 opinions
1Opinion of the Court
Opinion
GILBERT, J.
A man purchases an insurance policy for accidental death and dismemberment coverage. His wife is the beneficiary of the policy. He dies as a result of an auto accident which caused head injuries and, ultimately, heart failure. The insurance company conducts a perfunctory investigation of the wife’s claim and denies coverage, stating that “death was due to an illness and not caused by bodily injury due to an accident.” Evidence available to the insurance company, which it did not seek to discover, shows that death was caused by the accident.
The insurance company breached the…
2Cases cited8 opinions
- Egan v. Mutual of Omaha InsuranceCalifornia Supreme Court · 1979
- Neal v. Farmers Insurance ExchangeCalifornia Supreme Court · 1978
- Garvey v. State Farm Fire & Casualty Co.California Supreme Court · 1989
- Campbell v. General Motors Corp.California Supreme Court · 1982
- Brooks v. Metropolitan Life InsuranceCalifornia Supreme Court · 1945
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Manzarek v. St. Paul Fire & Marine InsuranceCourt of Appeals for the Ninth Circuit · 2008
- Shade Foods, Inc. v. Innovative Products Sales & Marketing, Inc.California Court of Appeal · 2000
- Wilson v. 21st Century InsuranceCalifornia Supreme Court · 2007
- Joan Cherie Amadeo v. Principal Mutual Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 2002
- Jordan v. Allstate InsuranceCalifornia Court of Appeal · 2007
32 more not listed; retrieve them via the Exa API.