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AUSTERO v. NATIONAL CAS. CO.

Docket No. 17929.

84 Cal.App.3d 1 (1978)

148 Cal. Rptr. 653

JULIUS S. AUSTERO, Plaintiff and Respondent, v. NATIONAL CASUALTY COMPANY OF DETROIT, MICHIGAN, Defendant and Appellant.

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

August 18, 1978.

Attorney(s) appearing for the Case

COUNSEL

Cummins, White & Breidenbach, Breidenbach, Swainston, Yokaitis & Crispo, W.F. Rylaarsdam, James R. Robie and Howard D. Swainston for Defendant and Appellant.

Herbert Hafif, Stephen Odgers and Wayne J. Austero for Plaintiff and Respondent.

OPINION

McDANIEL, J.

The action in the trial court was for breach of contract, declaratory relief, emotional distress, so-called bad faith, and for fraud brought by an insured in a first party case against his own disability insurance carrier (the Company). Trial was had before a jury. The jury returned a verdict in favor of plaintiff in the amount of $67,200 compensatory and $336,000...

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