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NEW PLUMBING CON., INC. v. NATIONWIDE MUTUAL INS.

Docket No. G010671.

7 Cal.App.4th 1088 (1992)

9 Cal. Rptr.2d 469

NEW PLUMBING CONTRACTORS, INC., Plaintiff and Appellant, v. NATIONWIDE MUTUAL INSURANCE CO., Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

June 29, 1992.

Attorney(s) appearing for the Case

COUNSEL

Arthur J. Levine for Plaintiff and Appellant.

Bronson, Bronson & McKinnon, Ralph S. LaMontagne, Jr., John D. Boyle, Eric A. Amador and Stuart D. Hirsch for Defendant and Respondent.

OPINION

WALLIN, J.

In this case we are asked to consider whether an employer who has assigned its subrogation rights to its workers' compensation insurance carrier has a cause of action against the carrier for negligence or breach of the implied covenant of good faith and fair dealing when the carrier does not actively pursue those subrogation rights. We conclude it does not.

New Plumbing Contractors, Inc., appeals a judgment...

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