TEXTRON FINANCIAL v. NATIONAL UNION FIRE

No. G020323.

13 Cal.Rptr.3d 586 (2004)

118 Cal.App.4th 1061

TEXTRON FINANCIAL CORPORATION, Plaintiff and Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, Pennsylvania, Defendant and Appellant.

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

As Modified on Denial of Rehearing June 18, 2004.

Review Denied September 15, 2004.


Attorney(s) appearing for the Case

Horvitz & Levy, Mitchell C. Tilner, Peter Abrahams, Encino; Lewis, D'Amato, Brisbois & Bisgaard, R. Gaylord Smith, San Diego, and Michael W. Connally, Costa Mesa, for Defendant and Appellant.

Stephan, Oringher, Richman & Theodora and Robert M. Dato for Plaintiff and Appellant.


OPINION

RYLAARSDAM, J.

This is our third review of the present case. Plaintiff Textron Financial Corporation sued defendant National Union Fire Insurance Company of Pittsburgh, Pennsylvania and others for breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud arising from defendant's refusal to honor a claim for insurance benefits concerning property damage to a commercial bus in which plaintiff held a security interest...

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