Judicial Council of California Issues Opinion in Maryam Hedayati Vs. Interinsurance Exchange of Automobile Club Case
OPINION
Appeal from a judgment of the
Lari-Joni & Bassell and
* * *
Despite repeated requests during settlement negotiations from Hedayati's attorney,
Although it did not say so explicitly, the trial court's written summary judgment ruling indicates it concluded no reasonable trier of fact could find a breach of the covenant of good faith and fair dealing in the foregoing facts if plaintiff established them at trial. In other words, the court believed the evidence presented by Hedayati on this issue was insufficient as a matter of law. On appeal, we must view the record in the light most favorable to the party opposing summary judgment. After our de novo review, we disagree with the trial court's evaluation of the evidence. We therefore reverse its summary judgment ruling and the judgment based on that ruling.
FACTUAL AND PROCEDURAL BACKGROUND
The
The adjustor soon reported to
The adjustor's interview notes reflected that Vanwyk disclosed he had "NO other insurance, no homeowners or PUP [i.e., umbrella policy]. He does not own anything, no real property. He is currently unemployed and living with his parents." Soon thereafter, and immediately upon reviewing the adjustor's report which included a newspaper account of the accident and a description of Hedayati's injuries, an
Beginning about two weeks after the accident, while Hedayati remained unconscious and on life support, the attorney her family retained on her behalf repeatedly urged
The adjustor later provided notes suggesting he called the attorney sometime before
That same day,
The casualty adjustor located other
The casualty adjustor met with Vanwyk on
] . . . [
] before they can settle the claim." She also acknowledged that before a settlement can be reached, claimant attorneys "want a copy of the [policy] declaration page as evidence of what the insurance limits [are]."
The casualty adjustor drafted a letter to Hedayati's attorney on
On
On
The
Counsel's
Finally, Hedayati's
Around
Among other documents
According to Hedayati, based on internal
As to Hedayati's demand, the court explained it "must be guided by how case law defines bad faith" and agreed with "the definition [of bad faith] as an unreasonable refusal to accept a settlement offer within policy limits." The court, however, reiterated its conclusion that
In reaching its conclusion, the trial court seems to have focused more on plaintiff's conduct than that of
In essence, the court found that no reasonable trier of fact could conclude
* * *
View full opinion at https://www.courts.ca.gov/opinions/documents/G058189.PDF


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