Opinion
C066145
10-14-2011
LISA FLETCHER, Plaintiff and Appellant, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Defendant and Respondent.
NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super. Ct. No. YCSCCVCV00009388)
ORDER MODIFYING OPINION AND DENYING REHEARING
[NO CHANGE IN JUDGMENT] THE COURT:
It is ordered that the opinion filed herein on October 3, 2011, be modified as follows:
On page 21, after the first citation to Archdale v. American Intern. Specialty Lines Ins. Co. (2007) 154 Cal.App.4th 449, and before the period and parenthesis enclosing the citation, the following is inserted:
; accord Gruenberg v. Aetna Ins. Co. (1973) 9 Cal.3d 566, 578 [holding that insurer's duty of good faith and fair dealing is implied in every insurance contract and exists independently of any reciprocal duties owed by the insured]
There is no change in the judgment.
With the above modifications, the petition for rehearing is denied. BY THE COURT:
BLEASE, Acting P. J.
ROBIE, J.
HOCH, J.