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SCHMITT v. INSURANCE CO. OF NORTH AMERICA

Docket No. D010952.

230 Cal.App.3d 245 (1991)

281 Cal. Rptr. 261

CONRAD SCHMITT et al., Plaintiffs and Appellants, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant and Appellant.

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

May 17, 1991.

Attorney(s) appearing for the Case

COUNSEL

Hammett & Whitson, Fred U. Hammett, Jr., Harrigan, Ruff, Ryder & Sbardellati and Sean T. O'Bryan for Plaintiffs and Appellants.

Regal & Levy and Leonard S. Levy for Defendant and Appellant.

OPINION

TODD, J.

Insurance Company of North America (INA), surety on a licensed motor vehicle dealer's bond, appeals a money judgment entered against it after a trial by the court sitting without a jury. The court's ruling against INA was on the theory it breached its duty to both claimants and principals on the bond to act in good faith on a bond claim, including a duty of paying claims...

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