From Casetext: Smarter Legal Research

Hellinger v. Farmers Ins. Exchange

California Court of Appeals, Second District, Fourth Division
Sep 24, 2001
No. B138734 (Cal. Ct. App. Sep. 24, 2001)

Opinion


Page 384a

92 Cal.App.4th 384a JAY HELLINGER et al., Plaintiffs and Appellants, v. FARMERS INSURANCE EXCHANGE et al., Defendants and Respondents. B138734. California Court of Appeal, Second District, Fourth Division September 24, 2001

[Modification of opinion (91 Cal.App.4th 1049, 111 Cal.Rptr.2d 268).]

This modification requires editorial changes in the first paragraph of the summary, page 1049 and headnote (1a-1e), page 1050 of the advance report. In the bound volume line 1-2 of the first paragraph of the summary will be changed to read: "An insured brought an action against his insurers, alleging bad faith and breach of contract, arising from defendants' . . . ." Headnote (1a-1e), page 1050, line 3 will be changed to read: "insured who alleged bad faith and breach of . . . ." Movement of text will be made affecting pages 1067-1069.

THE COURT.

It is ordered that the opinion filed on August 24, 2001, be modified in the following particulars:

1. On page 3, the last sentence of the third full paragraph [91 Cal.App.4th 1053, advance report, 3d par., lines 15-16] is modified to read:

It alleges causes of action for breach of the covenant of good faith and fair dealing, breach of contract, alter ego liability, and joint venture liability.

2. On page 23, in the first paragraph under “IV,” the first sentence [91 Cal.App.4th 1067, advance report, 4th par., lines 1-3] is modified to read:

Finally, Mid-Century argues that even if section 340.9 applies, it revives only plaintiff’s contract claim, not his claims for bad faith and punitive damages.

3. On page 24, the first full paragraph [91 Cal.App.4th1068, 3d par.] is deleted.

4. On page 24, the last sentence above “V” [91 Cal.App.4th 1068, 4th par.] is modified to read:

Page 384b

We are satisfied that the claims for bad faith and punitive damages are “insurance claim[s] for damages arising out of the Northridge earthquake” within the meaning of section 340.9.

5. This modification effects a change in the judgment.


Summaries of

Hellinger v. Farmers Ins. Exchange

California Court of Appeals, Second District, Fourth Division
Sep 24, 2001
No. B138734 (Cal. Ct. App. Sep. 24, 2001)
Case details for

Hellinger v. Farmers Ins. Exchange

Case Details

Full title:JAY HELLINGER et al., Plaintiffs and Appellants, v. FARMERS INSURANCE…

Court:California Court of Appeals, Second District, Fourth Division

Date published: Sep 24, 2001

Citations

No. B138734 (Cal. Ct. App. Sep. 24, 2001)