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CAMPBELL v. SUPERIOR COURT

Docket No. B097261.

44 Cal.App.4th 1308 (1996)

52 Cal. Rptr.2d 385

RAYMOND E. CAMPBELL, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; FARMERS INSURANCE COMPANY, INC., Real Party in Interest.

Court of Appeals of California, Second District, Division Four.

April 26, 1996.

Attorney(s) appearing for the Case

COUNSEL

Brown and Pearson and Chrissa N. Corday for Petitioner.

No appearance for Respondent.

Carter & Chuang and Chapin, Fleming & Winet, Jeffrey J. Leist and David A. Myers for Real Party in Interest.

OPINION

VOGEL (C.S.), P.J. —

INTRODUCTION

This mandamus proceeding raises an important question of law. Does California law recognize a cause of action by an insured against its insurer for breach of the implied covenant of good faith and fair dealing based solely on the insurer's unjustified failure to defend? The trial court resolved the matter in the negative by sustaining without leave to amend the insurer's demurrer...

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