Published Appellate Opinions
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California Court of Appeal, Second District, Division 7
Won by Jeffrey I. Ehrlich
California Certified Appellate Lawyer
Brehm 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.