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MAYSTRUK v. INFINITY INS. CO.

No. B209404.

175 Cal.App.4th 881 (2009)

EUGENE MAYSTRUK, Plaintiff and Appellant, v. INFINITY INSURANCE COMPANY, Defendant and Respondent.

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

July 9, 2009.

Attorney(s) appearing for the Case

Kingsley & Kingsley, George R. Kingsley, Brian Levine and Eric Kingsley for Plaintiff and Appellant.

Edmund G. Brown, Jr., Attorney General, Frances T. Grunder, Assistant Attorney General, Kathrin Sears and Paul Stein, Deputy Attorneys General, for Attorney General, State of California as Amicus Curiae on behalf of Plaintiff and Appellant.

Harvey Rosenfield, Pamela Pressley and Todd M. Foreman for Consumer Watchdog as Amicus Curiae on behalf of Plaintiff and Appellant.

Luce, Forward, Hamilton & Scripps, Peter H. Klee and John T. Brooks for Defendant and Respondent.

OPINION

SUZUKAWA, J. —

This lawsuit concerns Insurance Code section 758.5 (section 758.5), which applies to vehicle repairs performed at a repair shop chosen by the insured. Plaintiff Eugene Maystruk1 sued defendant Infinity Insurance Company (Infinity) for allegedly violating subdivision (d)(2) of section 758.5, which states that if the insured "elects to have the vehicle repaired at the shop of his or her...

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