· 2/29/1996
Mariscal v. Old Republic Life Insurance
Citations
- 42 Cal. App. 4th 1617
- 50 Cal. Rptr. 2d 224
- 96 Daily Journal DAR 2302
- 96 Cal. Daily Op. Serv. 1373
- 1996 Cal. App. LEXIS 171
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that an insurer acts in bad faith “[i]f it seeks to discover only the evidence that defeats the claim it holds its own interest above that of its insured”
- holding that insurance 2 company breached covenant of good faith when it ignored medical evidence that insured 3 died of accident and based its denial of coverage solely on evidence suggesting that 4 insured may have died of illness
- noting that failure to understand medical terms and failure to consult with staff doctor were factors that supported bad-faith finding
- affirming the trial court’s finding that the insured’s death was accidental where the insured’s heart failure resulted from a car accident
- “A trier of fact may find that an insurer acted unreasonably if the insurer ignores evidence available to it which supports the claim. The insurer may not just focus on those facts which justify denial of the claim.”
- insurer acts unreasonably 13 when it ignores evidence that supports coverage
Source: CourtListener parenthetical corpus (CC0).
Judges: Gilbert
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.