MURPHY v. ALLSTATE INS. CO.

Docket No. L.A. 30571.

17 Cal.3d 937 (1976)

553 P.2d 584

132 Cal. Rptr. 424

LAURIE IRENE MURPHY, Plaintiff and Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of California. In Bank.

September 7, 1976.


Attorney(s) appearing for the Case

COUNSEL

David Sherer and Ned Good for Plaintiff and Appellant.

Ruston, Nance, McCormick & Dicaro, Ruston & Nance, Patrick A. McCormick, Jr., and Ellis J. Horvitz for Defendant and Respondent.


OPINION

CLARK, J.

Having received only partial satisfaction of her judgment against the insured tortfeasor, plaintiff seeks the balance from the insurer for refusing settlement within policy limits. However, there being no allegation the insured assigned his cause of action for breach of the covenant to settle, the trial court granted judgment on the pleadings in favor of the insurer, and plaintiff appeals. We affirm the judgment...

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