CIVIL SERVICE EMPLOYEES INS. CO. v. SUPERIOR COURT

Docket No. S.F. 23483.

22 Cal.3d 362 (1978)

584 P.2d 497

149 Cal. Rptr. 360

CIVIL SERVICE EMPLOYEES INSURANCE COMPANY, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; DONNA R. SCHLICHTING, Real Party in Interest.

Supreme Court of California.

September 28, 1978.


Attorney(s) appearing for the Case

COUNSEL

Bronson, Bronson & McKinnon, Jerald R. Cochran, Capps, Bishop, Marraccini & Ducey and Rodney A. Marraccini for Petitioner.

No appearance for Respondent.

Sager & Grassi, Ronald M. Grassi, Lewton & McGuinn and Michael Lewton for Real Party in Interest.


OPINION

TOBRINER, J.

In 1971, plaintiff Donna R. Schlichting instituted the underlying class action against defendant Civil Service Employees Insurance Company, seeking to recover damages resulting from the defendant's refusal to pay benefits allegedly owed under a "medical expense" clause contained in an insurance policy. Plaintiff's complaint alleged that although defendant had agreed to reimburse insureds for all medical expenses...

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