Progressive West Insurance v. Superior Court

How courts have described this case

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

• holding that the insured could not state a claim for 2 breach of the implied covenant without showing the withholding of a benefit that was in 3 fact due under the contract
• holding that the insured could not state a claim for breach of the implied 1 covenant without showing the withholding of a benefit that was in fact due under the 2 contract
• “[If] no benefits are withheld or delayed, there is no cause of action for the breach of the covenant of good faith and fair dealing.”
• “An unlawful business practice under section 17200 is ‘an act or practice, committed pursuant to business activity, that is at the same time forbidden by law.’ ”
• insurance company paid insured’s medical bills, then sued to recover that money when insured collected damages from the third party who caused his injuries; insured had standing to bring UCL claim against insurance company
• “an insurer may disclaim the made-whole rule in an insurance contract by using clear and specific language that indicates the parties’ intent to permit the insurer to seek reimbursement even if the insured has not been made whole.”

Source: CourtListener parenthetical corpus (CC0).