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AMATO v. MERCURY CASUALTY CO.

Docket No. B088402.

53 Cal.App.4th 825 (1997)

ANTHONY CHARLES AMATO, Plaintiff and Appellant, v. MERCURY CASUALTY COMPANY, Defendant and Respondent.

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

March 24, 1997.

Attorney(s) appearing for the Case

COUNSEL

Jerry L. Rowley and Curtis L. Gemmil II for Plaintiff and Appellant.

Kinkle, Rodiger & Spriggs, Guillermo W. Schnaider, Horvitz & Levy, Ellis J. Horvitz, Mitchell C. Tilner and H. Thomas Watson for Defendant and Respondent.

OPINION

VOGEL (C.S.), P.J. —

INTRODUCTION

This case presents a question of the damages recoverable when an insurer breached its duty to defend the insured but ultimately prevailed on the issue of coverage. Because he had no funds to obtain other counsel to defend the underlying lawsuit following the insurer's refusal to defend, the insured suffered a default judgment...

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