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Date: 10-06-2023

Case Style:

Anthony D'Angelo v. The General Automobile Insurance Services, Inc. et al.

Case Number: 3:23-cv-01272

Judge: Roger T. Benitez

Court: United States District Court for the Southern District of California (San Diego County)

Plaintiff's Attorney:

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Defendant's Attorney: Connie Y. Tcheng, Hunter R. Eley, and Lloyd Vu

Description: San Diego, California insurance law lawyers represented the Plaintiff who sued the defendant on a bad faith breach of insurance contract theory.

California bad faith breach of insurance contract law is a legal doctrine that allows policyholders to sue their insurance companies for damages when the insurance company unreasonably fails to fulfill its obligations under the policy. This can include denying a valid claim, delaying payment, or underpaying a claim.

To prove bad faith, a policyholder must show that the insurance company acted unreasonably and that this unreasonable conduct caused the policyholder to suffer damages. Examples of bad faith conduct include:

Unreasonably denying a valid claim
Delaying payment without good reason
Underpaying a claim
Failing to investigate a claim properly
Misrepresenting the facts or policy provisions to the policyholder
Using coercive tactics to force the policyholder to settle for less than they deserve

If a policyholder is successful in proving bad faith, they may be awarded a variety of damages, including:

The amount of the insurance claim that was denied or underpaid
Interest on the delayed payment
Attorney's fees
Consequential damages, such as lost wages or emotional distress
Punitive damages, if the insurance company's conduct was particularly egregious

Bad faith claims can be complex and challenging to prove, but they can be a powerful tool for policyholders who have been wronged by their insurance company.

Here are some examples of bad faith breach of insurance contract cases in California:

In Gruenberg v. Aetna Insurance Company (1973), the California Supreme Court held that an insurance company has a duty to act in good faith and fair dealing with its policyholders. The court found that the insurance company in that case had breached its duty of good faith by unreasonably delaying payment of a claim.
In Foley v. Interactive Data Corporation (1988), the California Supreme Court held that an insurance company may be liable for punitive damages in a bad faith case if the insurance company's conduct was malicious or oppressive.
In Cunningham v. State Farm Mutual Automobile Insurance Company (2003), the California Supreme Court held that an insurance company may be liable for bad faith even if the insurance company's denial of the claim was based on a genuine dispute over coverage.

If you believe that your insurance company has breached its duty of good faith, you should consult with an experienced attorney to discuss your legal options.

Outcome: 10/06/2023 14 MINUTE ORDER: Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and due to the parties filing of their Joint Motion and Stipulation for Dismissal, this case is dismissed with prejudice as to Plaintiffs Noelle DAngelo and Anthony DAngelo individual claims, and without prejudice as to the putative class. Each party is to bear their own attorneys fees and costs. See ECF No. 13 .(no document attached) (ddf) (Entered: 10/06/2023)

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