LINCOLN PROPERTY CO. v. TRAVELERS INDEM.

No. A106426.

41 Cal.Rptr.3d 39 (2006)

137 Cal.App.4th 905

LINCOLN PROPERTY COMPANY, N.C., INC., Plaintiff and Appellant, v. The TRAVELERS INDEMNITY COMPANY et al., Defendants and Respondents.

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

March 20, 2006.


Attorney(s) appearing for the Case

Manly & McGuire, Kevin M. McGuire, Costa Mesa, CA, for plaintiff and appellant.

Morison-Knox Holden Melendez & Prough, LLP, William C. Morson-Knox, Michael W. Melendez, Robert J. Scott, Jr., Walnut Creek, CA, for defendant and respondent.


POLLAK, J.

May an insured bring separate actions against its insurer for breaching its obligation to defend a claim against the insured and for breach of the implied covenant of good faith and fair dealing in the handling of the claim? We hold that it may not, because the two claims involve breach of the same primary right, precluding the insured from splitting the cause of action. Hence, we affirm the ruling of the...

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