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PRAY BY AND THROUGH PRAY v. FOREMOST INS. CO.

No. 84-5992.

767 F.2d 1329 (1985)

Stephanie Lynn PRAY, a minor, By and Through her Guardian ad Litem, Steven Lee PRAY; and Sherilynn Joan Pray, Plaintiffs-Appellants, v. FOREMOST INSURANCE COMPANY, a Michigan corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 6, 1985.

Attorney(s) appearing for the Case

Charlotte Costan, Joseph Daniel Davis, Los Angeles, Cal., for plaintiffs-appellants.

George M. Wallace, Murchison & Cumming, Los Angeles, Cal., for defendant-appellee.

Before BROWNING, Chief Judge, CHAMBERS, Circuit Judge, and COYLE, District Judge.

PER CURIAM:

Sherilynn Pray and her infant daughter appeal the grant of summary judgment for Foremost Insurance Company in their action against an insurer under California Insurance Code Section 790.03(h) (West Supp.1985). We reverse.

In 1975 appellants filed a medical malpractice action against Simeon Weight Clinic Foundation which Foremost insured with a policy limit of $100,000 per person. In 1980, appellants offered to settle the action for $200,000. Foremost...

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