Reliance on Preexisting Case Law Since Rejected, Held Not Unreasonable.

    Accordingly, California's Second District Court of Appeal was of the opinion that there could be no First-Party Bad Faith for that reason, "[f]irst and foremost".

    There was one and only one reported judicial decision available on the legal issue involved.  Although the Second District expressed its clear disagreement with that sole available decision, the fact that the only available decision was relied on by the Disability Insurance Company Defendant was not unreasonable.  Therefore there was a "genuine dispute" regarding the physical disability at issue in the case recently decided by the Second District.  Download Bosetti v. United States Life Insurance Co. (Cal. 2d DCA, Div. 3 Opinion Filed July 17, 2009), attached Official Slipsheet Opinion at 40, 44-45.

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Comments

[Auto Insurance]

Good thought...not unreasonale at all.