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[DOWNLOAD] "Brown V. Guarantee Insurance Co." by Second Appellate District, Division Two District Court Of Appeal Of California " Book PDF Kindle ePub Free

Brown V. Guarantee Insurance Co.

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eBook details

  • Title: Brown V. Guarantee Insurance Co.
  • Author : Second Appellate District, Division Two District Court Of Appeal Of California
  • Release Date : January 03, 1957
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 75 KB

Description

Plaintiff has appealed from an order sustaining defendant's demurrer without leave to amend and from the judgment entered thereon. Plaintiff's complaint alleges the following: that he was injured by the negligent driving of one Charles M. Weisenberg (hereinafter referred to as the insured); that as a result he suffered damages in excess of $15,000; that before the accident defendant had, for a good and valuable consideration, issued and delivered to the insured a policy of public liability insurance which purported to indemnify the insured for bodily injury up to and including $5,000 (for any one person) which the insured might become liable to pay by reason of the operation of his motor vehicle; that defendant was required to act in good faith and with care in representing and protecting the insured in any claim or litigation arising from the operation of his vehicle; that plaintiff commenced an action against the insured; that the law firm which defendant hired to defend the action did not act in the best interests of the insured; that defendant did not act in the best interests of the insured and "did not exercise the good faith required of [it] by law in the handling of said claim and litigation on behalf of the assured"; that plaintiff offered to settle the litigation for $5,000; that defendant refused to make any offer of compromise before trial; that at the trial defendant made offers of settlement in the amounts of $3,000, $3,500, and $4,000, but at no time would pay the policy limit; that defendant "throughout maintained that unless [it] could save some money on the settlement, [it] had no reason to settle"; that this attitude was in complete disregard of the insured's rights and best interests; that throughout the handling of the litigation the insured "was not notified of the status of any


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