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VIRGIN v. STATE FARM FIRE & CASUALTY CO.

Docket No. D009126.

218 Cal.App.3d 1372 (1990)

267 Cal. Rptr. 704

CLAYNE C. VIRGIN et al., Plaintiffs and Appellants, v. STATE FARM FIRE & CASUALTY COMPANY et al., Defendants and Respondents. [And four other cases.]

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

March 21, 1990.

Attorney(s) appearing for the Case

COUNSEL

Patrick E. Catalano, Thomas F. Maxwell, Jr., and Richard F. Rescho for Plaintiffs and Appellants.

Berger, Kahn, Shafton, Moss, Figler, Simon & Gladstone, Hughes & Campbell, Horvitz & Levy, Peter Abrahams, Douglas G. Benedon and Randall M. Nunn for Defendants and Respondents.

OPINION

KREMER, P.J.

The issue presented by these consolidated cases is whether summary judgment is proper where homeowners sue for bad faith denials of insurance claims before the claims are denied but the claims have been denied by the time the summary judgment motion is heard.

BACKGROUND

There are five sets of homeowners involved in this appeal.2 Four of the homeowners submitted claims...

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