Brown v. Guarantee Ins. Co.

3 Citing briefs

  1. Walker et al v. American National Insurance Company et al

    MOTION for Summary Judgment or Partial Summary Judgment and Summary Adjudication of Issues; Memorandum of Points and Authorities in Support Thereof

    Filed March 21, 2018

    Ct. App.1957). Brown v. Guarantee Ins. Co., 155 Cal. App. 2d 679, 687 (1957) (“Because the relationship between the insured and the insurer under such circumstances closely approximates that of principal and agent or beneficiary and trustee, most courts have based liability upon had faith rather than upon negligence.”); Ivy v. Pacific Auto.

  2. Xl Specialty Insurance Company v. Federal Deposit Insurance Company et al

    MOTION to Dismiss for Failure to State a Claim re Mendez Counterclaim D.E. 44

    Filed January 16, 2017

    John Beaudette, Inc. v. Sentry Ins. A Mut. Co., 94 F. Supp. 2d 77, 108 (D. Mass. 1999) (statute of limitations did not begin to run on insured’s bad faith failure to settle claim until entry of excess judgment against insured); see also, e.g., Brown v. Guarantee Ins. Co., 319 P.2d 69, 75 (Cal. Dist. Ct. App. 1957) (“the insured’s cause of action arises when he incurs a binding judgment in excess of the policy limit”); Critz v. Farmers Ins. Grp., 41 Cal. Rptr. 401, 407 (Cal. Ct. App. 1964) (“A finding of completed breach, however, would not endow the policyholder with an immediately enforceable chose in action against the insurer. . . .

  3. David Zuccolotto v. Zurich American Insurance Company et al

    NOTICE OF MOTION AND MOTION to Dismiss Claims for Fraud and Negligent Misrepresentation ; Memorandum of Points and Authorities

    Filed July 29, 2016

    And it is well settled that an insurer does not owe separate or additional duties to the insured – other than those based on and arising from the contract. See, e.g., Brown v. Guarantee Ins. Co., (1957) 155 Cal.App.2d 679, 688-89 (“we are convinced that only bad faith should be the basis of the insured’s cause of action”); Sanchez v. Lindsey Mordent Claims Services, Inc., (1999) 72 Cal.App.4th 249, 254 (“Negligence is not among the theories of recovery generally available against insurers.”).