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DALRYMPLE v. UNITED SERVICES AUTO. ASSN.

Docket No. D017779.

40 Cal.App.4th 497 (1995)

46 Cal. Rptr.2d 845

ANN DALRYMPLE, Plaintiff and Respondent, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant and Appellant.

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

November 16, 1995.

Attorney(s) appearing for the Case

COUNSEL

Daniels, Baratta & Fine, Paul R. Fine and Lance Orloff for Defendant and Appellant.

Robert G. Dyer for Plaintiff and Respondent.

OPINION

HALLER, J.

In this appeal, we are required to determine if the trial court or the jury should decide the issue of whether an insurer had "proper cause" to pursue a declaratory relief action in which it disputed insurance coverage. (Love v. Fire Ins. Exchange (1990) 221 Cal.App.3d 1136, 1151-1152 [271 Cal.Rptr. 246].) This question...

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