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Murphy v. Allstate Insurance

Citations

  • 553 P.2d 584
  • 17 Cal. 3d 937
  • 132 Cal. Rptr. 424
  • 1976 Cal. LEXIS 332

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • determining that punitive damages were not assignable because a portion of actual damages suffered in a bad faith claim are personal in nature
  • determining that punitive damages were not assignable because a portion of actual damages suffered in a bad faith claim are personal in nature
  • noting that, although a contract may not have been made solely for a third party’s benefit, a third party may enforce those promises directly made for him
  • “Permitting a third party to enforce a covenant made solely to benefit others would lead to the anomaly of granting him a bonus after his receiving all intended benefit.”
  • tort damages for emotional distress and punitive 27 damages are not assignable as they are purely personal tort claims
  • insured’s duty to settle runs to the insured, not to the injured claimant

Source: CourtListener parenthetical corpus (CC0).

Judges: Clark

Read full opinion on CourtListener

Sourced 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.