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JOHANSEN v. CALIFORNIA ST. AUTO. ASSN. INTER-INS. BUREAU

Docket No. S.F. 23229.

15 Cal.3d 9 (1975)

538 P.2d 744

123 Cal. Rptr. 288

MURIEL JOHANSEN, Plaintiff and Appellant, v. CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU, Defendant and Respondent.

Supreme Court of California. In Bank.

August 11, 1975.

Attorney(s) appearing for the Case

COUNSEL

Russell W. Federspiel and Raymond H. Hawkins for Plaintiff and Appellant.

Robert E. Cartwright, Edward I. Pollock, William H. Lally, Arne Werchick, Elmer Low, Ned Good, David B. Baum, Stephen I. Zetterberg, Robert G. Beloud and Leonard Sacks as Amici Curiae on behalf of Plaintiff and Appellant.

Ropers, Majeski, Kohn, Bentley & Wagner, Michael J. Brady and Eugene J. Majeski for Defendant and Respondent.

Haight, Lyon, Smith & Dickson and Roy G. Weatherup as Amici Curiae on behalf of Defendant and Respondent.

OPINION

TOBRINER, J.

In a prior action for damages arising out of an automobile accident, plaintiff Muriel Johansen obtained a judgment of $33,889.30 against Gary and Joyce Dearing, a sum well in excess of the Dearings' automobile insurance policy limits. Although the Dearings' insurance carrier, defendant in the instant action, assumed the Dearings' defense in the earlier suit, it refused, during the course of that litigation, to...

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