HIBBS v. ALLSTATE INS. CO.

Nos. B215812, B217658.

192 Cal.App.4th 1339 (2011)

HARRY R. HIBBS et al., Plaintiffs and Appellants, v. ALLSTATE INSURANCE COMPANY, Defendant and Appellant.

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

February 24, 2011.


Attorney(s) appearing for the Case

C. William Kircher, Jr. , for Plaintiffs and Appellants.

Lewis Brisbois Bisgaard & Smith, Richard B. Wolf , and Gerard A. Lafond, Jr. , for Defendant and Appellant.


OPINION

GILBERT, P.J.

An automobile insurance policy allows the insurer the option to pay for damages to an insured vehicle or to repair it. We conclude that the insurer satisfies its contractual obligation when it elects to repair, although the insured refuses to authorize the repairs.

The insurer may be liable in bad faith, however, when it pays for repairs not authorized by the insured, and then recovers from the tortfeasor...

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