DOCTORS' CO. v. SUPERIOR COURT

Docket Nos. S003148, S003588.

49 Cal.3d 39 (1989)

775 P.2d 508

260 Cal. Rptr. 183

DOCTORS' COMPANY et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JOSE ANTONIO VALENCIA, Real Party in Interest.

Supreme Court of California.

July 17, 1989.


Attorney(s) appearing for the Case

COUNSEL

H. Gilbert Jones, Bonne, Jones, Bridges, Mueller & O'Keefe, Alan G. Martin, Greines, Martin, Stein & Richland, Roxanne L. Holmes, James C. Krieg, Elliot L. Bien and Bronson, Bronson & McKinnon for Petitioners.

James S. Link, Spray, Gould & Bowers, Michael J. Brady, James P. Wagoner, Ellis J. Horvitz, Peter Abrahams, Lisa Perrochet, Loren Homer Kraus and Horvitz, Levy & Amerian as Amici Curiae on behalf of Petitioners.

No appearance for Respondent.

Bruce G. Fagel and Richard Akemon for Real Party in Interest.


OPINION

KAUFMAN, J.

(1a) The question presented is whether an insurer, its attorney retained to assist in the defense of an insured against a third party claim, and an expert witness, also retained by the insurer for that purpose, can be held liable for damages to the claimant for a conspiracy to violate Insurance Code section 790.03, subdivision (h)(5) (section 790.03(h)(5)), which makes it an unfair practice...

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