California Supreme Court· 9/7/1976
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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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