JOANNE ALVA VS ALLSTATE INDEMNITY COMPANY

JOANNE ALVA; Plaintiff, vs. ALLSTATE INDEMNITY COMPANY, et al.; Defendants.


Case No.: BC 691449


Hearing Date: August 22, 2018


RULING RE:


Defendant Allstate Indemnity Company’s Demurrer to the Complaint


Defendant Allstate Indemnity Company’s Demurrer to the Complaint is SUSTAINED as to the First Cause of Action, without leave to amend, and OVERRULED as to the Third Cause of Action.


FACTUAL BACKGROUND


This is an insurance bad faith case. The Complaint alleges as follows. Plaintiff Joanne Alva (“Alva”) had an Underinsured Motorist policy with Defendant Allstate Indemnity Company (“Allstate”). (Complaint at p. 1.) In September 2012, Alva suffered an automobile accident in which she was not at fault and in which she suffered various injuries to herself and damages to her car. (Complaint ¶¶ 5–6.) Alva........