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SMITH v. INTERINSURANCE EXCHANGE

Docket No. 30621.

167 Cal.App.3d 301 (1985)

213 Cal. Rptr. 138

PATRICIA L. SMITH, Plaintiff and Appellant, v. INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, Defendant and Respondent.

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

April 24, 1985.

Attorney(s) appearing for the Case

COUNSEL

Lewis, D'Amato, Brisbois & Bisgaard, Robert F. Lewis and Robert Gaylord Smith for Appellant.

Gilbert, Kelly, Crowley & Jennett, James B. Crowley, Patrick A. Mesisca, Jr., and Peter J. Godfrey for Respondent.

OPINION

CROSBY, J.

(1a) May a personal injury plaintiff sue the estate of a deceased insured to establish the decedent's liability for the accident (Prob. Code, § 721) and the decedent's insurer for unfair claims practices (Ins. Code, § 790.03, subd. (h)) in the same action? No.

I

On December 28, 1982, Patricia L. Smith was injured and...

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