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McKINLEY v. XL SPECIALTY INS. CO.

No. C047068.

33 Cal.Rptr.3d 98 (2005)

131 Cal.App.4th 1572

Melissa McKINLEY, Plaintiff and Appellant, v. XL SPECIALTY INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of California, Third District.

July 21, 2005.

Attorney(s) appearing for the Case

Reid, Axelrod, McCormack, Griffis & Ruane and Peter Axelrod, San Rafael, CA, for Plaintiff and Appellant.

Kern and Wooley, Peter T. Kirchen, Darrell M. Padgette and Ronald J. Skocypec, Los Angeles, CA, for Defendant and Respondent.

DAVIS, Acting P.J.

In this bad faith action arising from an insurance subrogation claim, plaintiff Melissa McKinley (McKinley) appeals the trial court's judgment that she was not covered under the insurance policy at issue. The trial court determined that since McKinley was not an insured under the policy for the damage in question, the insurer, defendant XL Specialty Insurance Company (XL Specialty or XL), did not act in bad faith by bringing an unsuccessful subrogation...

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