TENTATIVE RULING FOR February 11, 2019 ON DEFENDANT INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB'S DEMURRER AND MOTION TO STRIKE
The court sustains Defendant Interinsurance Exchange's demurrer to cause of action 2 (breach of covenant of good faith and fair dealing).
The law allows the Defendant to seek reimbursement for med pay payments made to Plaintiff after taking into account a pro rata share of the attorney fees that Plaintiff incurred in seeking recovery from the third party tortfeasor. Defendant was not, by Plaintiff's own allegations, violating any "made whole" rule or covenant of good faith and fair dealing by seeking such reimbursement. (See 21st Century Ins. Co. v. Superior Court (2009) 47 Cal. 4th 511, 516-19; Progressive W. Ins. Co. v. Superior Court (2005) 135 Cal. App. 4th 263.)
The motion to strike punitive damages is moot.
Answer due by 2-18-19.
Hearing Date
February 11, 2019
Type
Breach of Contract/Warranty
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TENTATIVE RULING FOR February 11, 2019 ON DEFENDANT INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB'S DEMURRER AND MOTION TO STRIKE
The court sustains Defendant Interinsurance Exchange's demurrer to cause of action 2 (breach of covenant of good faith and fair dealing).
The law allows the Defendant to seek reimbursement for med pay payments made to Plaintiff after taking into account a pro rata share of the attorney fees that Plaintiff incurred in seeking recovery from the third party tortfeasor. Defendant was not, by Plaintiff's own allegations, violating any "made whole" rule or covenant of good faith and fair dealing by seeking such reimbursement. (See 21st Century Ins. Co. v. Superior Court (2009) 47 Cal. 4th 511, 516-19; Progressive W. Ins. Co. v. Superior Court (2005) 135 Cal. App. 4th 263.)
The motion to strike punitive damages is moot.
Answer due by 2-18-19.