Brehm v. 21st Century Ins. Co. (2008) 166 Cal.App.4th 1225, 83 Cal.Rptr.3d 410

Published Appellate Opinions

California Court of Appeal, Second District, Division 7

Jeffrey I. Ehrlich, Certified Appellate Specialist
California Civil Appeals Attorney

California Court of Appeal Second Appellate District Los AngelesBrehm v. 21st Century Ins. Co. (2008) 166 Cal.App.4th 1225, 83 Cal.Rptr.3d 410.

Summary

(1) Trial court erred in dismissing insured’s claim on demurrer based on the genuine-dispute doctrine.  Application of the doctrine was a factual issue that could not be determined on the pleadings.  (2) The insurer’s contractual right to arbitrate uninsured-motorist (“UM”) claims did not relieve it from its obligation to make reasonable efforts to assess and settle the claim, and its failure to make those efforts would support a claim against it for bad faith.

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