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PROGRESSIVE WEST INS. CO. v. YOLO COUNTY

No. C050149.

37 Cal.Rptr.3d 434 (2005)

135 Cal.App.4th 263

PROGRESSIVE WEST INSURANCE COMPANY, Petitioner, v. YOLO COUNTY SUPERIOR COURT, Respondent; Simon H. Preciado, Real Party in Interest.

Court of Appeals of California, Third District.

December 28, 2005.

Attorney(s) appearing for the Case

Farmer, Murphy, Smith & Alliston, Craig E. Farmer and Suzanne M. Nicholson, Sacramento, for Petitioner.

Pillsbury Winthrop Shaw Pittman, Kevin M. Fong, San Francisco, Benjamin L. Webster and Michael J. Daponde, Sacramento, for Federation of California as amicus curiae on behalf of Petitioner.

No appearance for Respondent.

Hayes, Davis, Ellingson, McLay & Scott, Stephen M. Hayes, Redwood Shores, and Robert S. McLay, Sacramento, for Real Party in Interest.

ROBIE, J.

Progressive West Insurance Company filed an action against Simon H. Preciado to recover money it paid to Preciado under a first-party medical payments provision of his automobile insurance policy. In response, Preciado filed a cross-complaint against Progressive for breach of the insurance contract, breach of the covenant of good faith and fair dealing, and unfair business practices. Generally, Preciado alleges that because Progressive may have been restricted...

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