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TOMASELLI v. TRANSAMERICA INS. CO.

Docket No. D016409.

25 Cal.App.4th 1766 (1994)

DENISE TOMASELLI et al., Plaintiffs and Appellants, v. TRANSAMERICA INSURANCE COMPANY et al., Defendants and Respondents.

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

June 20, 1994.

Attorney(s) appearing for the Case

COUNSEL

Winters & Associates, Jack B. Winters, Jr., Thompson & McIntyre and Lann G. McIntyre for Plaintiffs and Appellants.

Horvitz & Levy, Barry R. Levy, Daniel J. Gonzalez, Christine T. Hoeffner, Higgs, Fletcher & Mack, Gregg F. Relyea, Crosby, Heafey, Roach & May, James C. Martin, Kathy M. Banke and Linda M. Salem for Defendants and Respondents.

OPINION

FROEHLICH, J.

This appeal revisits the dispute between Dominick and Denise Tomaselli (Tomasellis) and Transamerica Insurance Company. The dispositive issue is whether an insured, after suing his insurer for failure to pay a claim and recovering a judgment, may again sue if the insurer does not immediately pay the judgment. The trial court concluded such a cause of action could not be asserted. We agree and thus affirm.

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