Opinion
Page 1501c
176 Cal.App.4th 1501c __ Cal.Rptr.3d__ GRIFFIN DEWATERING CORPORATION, Plaintiff and Respondent, v. NORTHERN INSURANCE COMPANY OF NEW YORK, Defendant and Appellant. G036896 California Court of Appeal, Fourth District, Third Division August 28, 2009Super. Ct. No. 00CC04293
THE COURT.1. The petition for rehearing is denied.
2. The opinion, filed July 31, 2009 (176 Cal.App.4th 172; __Cal.Rptr.3d__ ), is hereby modified in the following particulars:
A. On page 50 of the slip opinion, in the last full paragraph [176 Cal.App.4th 220, advance report, 5th par., lines 3-6], delete everything after the sentence that begins with “ Even so....” and in its place substitute this language:
Even so, much has gone amiss, originating from the decision of the insured to press on with a punitive damages case after the insurer had fulfilled all of its duties under the contract and had even been willing to pay all of the attorney fees incurred by the insured to sue the insurer when the bad faith case was still in its infancy. With that decision, the case mushroomed and grew to almost incredible complexity; no wonder the trial judge, in one of the myriad of motions in limine made by the parties made a single, but fateful error that only made the case more complex. It has taken much unmasking of that complex record to finally determine that the insurer acted reasonably, after all.
B. On page 51 of the slip opinion [176 Cal.App.4th 221, advance report, 1st par., lines 2 and 3], delete the final sentence and in its place substitute the following sentence:
However, in light of the complexity of the record and the legal issues in the case, in the interests of justice each party will bear its own costs on appeal.
3. This modification does affect the judgment. (See Cal. Rules of Court, rule 8.264(c)(2).)