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WOLKOWITZ v. REDLAND INS. CO.

No. B158594.

5 Cal.Rptr.3d 95 (2003)

112 Cal.App.4th 154

Edward M. WOLKOWITZ, as Trustee in Bankruptcy, etc., Plaintiff and Appellant, v. REDLAND INSURANCE COMPANY et al., Defendants and Respondents.

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

Rehearing Denied October 15, 2003.

Review Denied December 10, 2003.

Attorney(s) appearing for the Case

Robinson, Diamant & Wolkowitz and Jeremy W. Faith, Los Angeles, for Plaintiff and Appellant.

Gwen Freeman, Glendale, for Anthony Choy as Amicus Curiae on behalf of Plaintiff and Appellant.

Koletsky, Mancini, Feldman & Morrow, Roy A. Koletsky, Los Angeles, and Raymond C. Dion for Defendants and Respondents Redland Insurance Company, Acceptance Insurance Company and Berkley Risk Administrators, LLC.

Lewis Brisbois Bisgaard & Smith, Kenneth C. Feldman, Bartley L. Becker, Los Angeles, and Jeffry A. Miller, San Diego, for Defendants and Respondents Zinder, Blackburn, Park, Clements & Keenan, Mercer & Zinder and Kevin H. Park.

CROSKEY, Acting P.J.

Edward M. Wolkowitz, as chapter 7 bankruptcy trustee for Shamrock Tire, Etc., Inc. (Shamrock), sued Shamrock's insurer, and the attorneys retained by the insurer to defend Shamrock, alleging (1) the insurer's bad faith refusal to accept a pretrial offer to settle a personal injury action against Shamrock within policy limits and (2) the attorneys' legal malpractice and breach of fiduciary duty in connection with such refusal to settle. The trustee...

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