· 6/29/2001
CHATEAU CHAMBERAY HOA v. Associated Internat. Ins. Co.
Citations
- 108 Cal. Rptr. 2d 776
- 90 Cal. App. 4th 335
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that insurers are not required to disregard the interests of their shareholders and other policyholders in evaluating claims
- noting that reasonableness becomes a question of law when only one reasonable inference can be drawn from the undisputed facts
- holding expert’s opinion that insurer’s “adjustment and handling of [insured’s] claim was unreasonable and [in bad faith]” did not “raise a triable issue of fact” on whether the insurer had a reasonable basis for disputing insured’s claim
- finding no factual dispute of bad faith 2 || because insurer reasonably refused claims “that were not covered under the policy”
- requiring “a conscious and deliberate act” rather than “an honest mistake, bad judgment or negligence” to support liability for bad faith (quoting Careau & Co. v. Sec. Pac. Bus. Credit, Inc., 222 Cal.App.3d 1371, 272 Cal.Rptr. 387, 399-400 (1990))
- insurer's bad faith is ordinarily a question of fact to be determined by a jury
Source: CourtListener parenthetical corpus (CC0).
Judges: Croskey
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.