21st Century Insurance v. Superior Court

Opinion

McKINSTER, J.

In this matter we find that plaintiff’s efforts to pursue essentially a “bad faith” action as assignee of the insured must fail. Accordingly, petitioner, the insurer in question, is entitled to the summary judgment sought below.

STATEMENT OF FACTS

The underlying litigation is one for personal injury and wrongful death. Defendant Cy Tapia, a teenager living with his aunt and grandmother, was driving a vehicle that crashed, inflicting severe and eventually fatal injuries on his passenger, Cory Driscoll.

Before his death, Driscoll and his mother filed an action for damages on…