Plaintiff Who Settles Lawsuit Against Tortfeasor and Receives Payment From Tortfeasor’s Insurer Under Liability Provision of Policy Is Not Barred From Later Suing Tortfeasor’s Insurer for Alleged Breach of Duties Owed to Plaintiff Under Medical Payment Provision of Policy

An injured plaintiff who settled a personal injury lawsuit against the tortfeasor and received payment from the tortfeasor’s insurer under the liability provision of the insurance policy was not precluded from later separately suing the tortfeasor’s insurer based on the … Read More

First-Party Claimant May Pursue Cause of Action for Violation of Unfair Competition Law, Even Though Unfair Insurance Practices Act Does Not Allow a “Private” Cause of Action for Same Conduct

A first-party claimant may pursue a cause of action against an insurer for violations of California’s Unfair Competition Law (Business & Professions Code section 17200 et seq.), even though California’s Unfair Insurance Practices Act (Insurance Code section 790.03 et seq.) … Read More