Citation 42 Cal.4th 713 original opinion
42 Cal.4th 806a modification
Wilson v. 21st Century Ins.
Petition for review after the Court of Appeal reversed the judgment in a civil action. This case includes the following issue: Does an insurer act in bad faith if it resolves an underinsured motorist bodily injury claim on the basis of the insured's medical records without consulting the insured's treating physician or having the insured examined by a doctor of the insurer's own choice?
Filed 12/19/07
IN THE SUPREME COURT OF CALIFORNIA
REAGAN WILSON,
S141790
Plaintiff and Appellant,
Ct.App. 2/7 B180323
v.
Los Angeles County
21ST CENTURY INSURANCE
Super. Ct. No. BC301588
COMPANY, )
)
Defendant and Respondent.
)
MODIFICATION OF OPINION
THE COURT:
The court’s opinion filed November 29, 2007, is modified as follows:
Footnote 7 on page 12 of the filed opinion is modified to read:
In this connection, we find potentially misleading the
statements in some decisions to the effect that under the
genuine dispute rule bad faith cannot be established where
the insurer’s withholding of benefits “is reasonable or is
based on a legitimate dispute as to the insurer’s liability.”
(Century Surety Co. v. Polisso (2006) 139 Cal.App.4th
922, 949, italics added; see also Chateau Chamberay
Homeowners Assn. v. Associated Internat. Ins. Co., supra,
90 Cal.App.4th at p. 346 [“ ‘if reasonable or if based on a
legitimate dispute’ ”]; Tomaselli v. Transamerica Ins. Co.
(1994) 25 Cal.App.4th 1269, 1281 [same].) In the
insurance bad faith context, a dispute is not “legitimate”
unless it is founded on a basis that is reasonable under all
the circumstances.
This modification eliminates a reference to Delgado v. Interinsurance
Exchange of the Automobile Club (2007) 152 Cal.App.4th 671, a decision of
which this court has granted review, and does not affect the judgment.
This modification does not effect a change in the judgment.
Opinion Information
| Date: | Citation: | Docket Number: | Category: | Status: |
| Wed, 12/19/2007 | 42 Cal.4th 713 original opinion 42 Cal.4th 806a modification | S141790M | Review - Civil Appeal | closed; remittitur issued |
Parties
| 1 |
21st Century Insurance Company (Defendant and Respondent) Represented by Barry R. Levy Horvitz & Levy, LLP 15760 Ventura Boulevard, 18th Floor Encino, CA |
| 2 |
21st Century Insurance Company (Defendant and Respondent) Represented by N. David Lyons Lewis Brisbois et al., LLP 221 N. Figueroa Street, Suite 1200 Los Angeles, CA |
| 3 |
21st Century Insurance Company (Defendant and Respondent) Represented by Bradley Scott Pauley Horvitz & Levy, LLP 15760 Ventura Boulevard, 18th Floor Encino, CA |
| 4 |
Farmers Insurance Exchange (Amicus curiae) Represented by James R. Robie Robie & Matthai 500 S. Grand, Suite 1500 Los Angeles, CA |
| 5 |
Farmers Insurance Exchange (Amicus curiae) Represented by Robert A. Olson Greines Martin et al., LLP 5700 Wilshire Boulevard, Suite 375 Los Angeles, CA |
| 6 |
Fire Insurance Exchange (Amicus curiae) Represented by James R. Robie Robie & Matthai 500 S. Grand, Suite 1500 Los Angeles, CA |
| 7 |
Infinity Insurance Company (Amicus curiae) Represented by James R. Robie Robie & Matthai 500 S. Grand, Suite 1500 Los Angeles, CA |
| 8 |
Mid-Century Insurance Company (Amicus curiae) Represented by James R. Robie Robie & Matthai 500 S. Grand, Suite 1500 Los Angeles, CA |
| 9 |
State Farm Mutual Automobile Insurance Company (Amicus curiae) Represented by James R. Robie Robie & Matthai 500 S. Grand, Suite 1500 Los Angeles, CA |
| 10 |
State Farm Mutual Automobile Insurance Company (Amicus curiae) Represented by Steven Samuel Fleischman Robie & Mathiai 500 S. Grand, Suite 1500 Los Angeles, CA |
| 11 |
State Farm Mutual Automobile Insurance Company (Amicus curiae) Represented by Kyle Kveton Robie & Matthai 500 S. Grand, Suite 1500 Los Angeles, CA |
| 12 |
Truck Insurance Exchange (Amicus curiae) Represented by James R. Robie Robie & Matthai 500 S. Grand, Suite 1500 Los Angeles, CA |
| 13 |
United Services Automobile Association (Amicus curiae) Represented by James R. Robie Robie & Matthai 500 S. Grand, Suite 1500 Los Angeles, CA |
| 14 |
Wilson, Reagan (Plaintiff and Appellant) Represented by Donald Robert Hall Hall & Bailey 4675 MacArthur Court, Suite 1150 Newport Beach, CA |
| 15 |
Wilson, Reagan (Plaintiff and Appellant) Represented by Jeffrey Ehrlich The Ehrlich Law Firm 237 West Fourth Street Claremont, CA |
| Disposition | |
| Nov 29 2007 | Opinion: Affirmed |
| Dockets | |
| Mar 13 2006 |
Petition for review filed 21st Century Insurance Company, Defendant and Respondent by Bradley S. Pauley of Horvitz & Levy, LLP, and N. David Lyons of Lewis Brisbois et al, retained counsel. |
| Mar 13 2006 | Record requested |
| Mar 14 2006 | Received Court of Appeal record |
| Mar 17 2006 |
Request for depublication (petition for review pending) State Farm Mutual Automobile Insurance Company, non party James Robie, retained. |
| Mar 24 2006 |
Request for depublication filed (another request pending) Farmers Insurance Exchange, et al. (non-party) |
| Apr 26 2006 |
Petition for review granted (civil case) Votes: George, C.J., Kennard, Baxter, Werdegar, Chin, Moreno, and Corrigan, JJ. |
| May 2 2006 |
Request for extension of time filed Counsel for respondents requests extension of time to 7-10-06 to file the opening brief on the merits. |
| May 4 2006 |
Extension of time granted Respondent's time to serve and file the opening brief on the merits is extended to and including July 10, 2006. No further extensions are contemplated. |
| May 5 2006 |
Certification of interested entities or persons filed 21st Century Insurance, Defendant and Respondent by Barry R. Levy, counsel |
| May 10 2006 |
Certification of interested entities or persons filed Reagan Wilson as respondent by: Donald Robert Hall of Hall & Bailey |
| Jul 10 2006 |
Opening brief on the merits filed counsel for deft. and resp. (21st Century Ins. Co.) |
| Aug 8 2006 |
Answer brief on the merits filed counsel for aplt (Wilson) |
| Aug 11 2006 |
Request for extension of time filed Counsel for respondent requests extension of time to 9-12-06, to file the reply brief on the merits. |
| Aug 16 2006 |
Extension of time granted Respondent's time to serve and file the reply brief is extended to and including September 12, 2006. |
| Sep 12 2006 |
Reply brief filed (case fully briefed) counesl for resp. 21st Century Ins. Co. |
| Oct 12 2006 |
Received application to file Amicus Curiae Brief Amici State Farm Mutual Automobile Ins. Co., United Services Automobile Associ., Infinity Insurance Co., Farmeres Ins., Exchange, Fire Ins. Exchange, Truck Ins. Exchange Mid-Century Insurance Company [app/brf under same covers in support of respondent 21st Century] |
| Oct 18 2006 |
Received: from Amici State Farm Mutual Automobile Ins. Co., Untied Services Automobile Associ., etc. errata to application for a.c. brief submitted earlier on the 10-12-06. |
| Oct 20 2006 |
Permission to file amicus curiae brief granted State Farm Mutual Automobile Ins. Co., et al. in support of respondent |
| Oct 20 2006 |
Amicus curiae brief filed State Farm Mutual Automobile Insurance Co,. et al., in support of respondent. An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| Aug 8 2007 |
Case ordered on calendar to be argued on Wednesday, September 5, 2007, at 1:30 p.m., in San Francisco |
| Aug 17 2007 |
Association of attorneys filed for: appellant Wilson, counsel Hall and Bailey associating as co-counsel Jeffrey Isaac Ehrlich of the Ehrlich Law Firm. |
| Aug 17 2007 |
Application filed to: divide oral argument, by counsel for appellant Wilson, requesting 20 minutes for associated counsel Ehrlich, and 10 minutes for ongoing counsel Hall. |
| Aug 21 2007 |
Order filed The request of counsel for appellant in the above-referenced cause to allow two counsel to argue on behalf of appellant at oral argument is hereby granted. The request of appellant to allocate to counsel Jeffrey Isaac Ehrlich 20 minutes and counsel Donald R. Hall 10 minutes of appellant's 30-minute allotted time for oral argument is granted. |
| Aug 23 2007 |
Filed: counsel for plf. and resp. (Reagan Wilson) Notice of filing of Additional Authorities, Oral Arg. 9-5-2007 |
| Aug 27 2007 |
Supplemental brief filed counsel for deft. and resp. 21st Century Ins. Co. |
| Aug 27 2007 |
Motion filed (non-AA) counsel for deft. and resp. 21st Century Ins. Co., to strike Notice of Additional Authorities |
| Aug 28 2007 |
Application filed to: divide oral argument, by counsel for respondent 21st Century Insurance Company requesting to share 10 minutes of time with amici curiae State Farm Mutual Automobile Insurance Company et al. |
| Aug 29 2007 |
Motion denied Defendant's motion to strike plaintiff's supplemental brief presenting additional authorities is denied. Defendant's request for permission to file an additional reply brief is also denied. Corrigan, J., was recused and did not participate. |
| Aug 29 2007 |
Order filed The request of counsel for respondent 21st Century Insurance Company in the above-referenced cause to allow two counsel to argue on behalf of respondent at oral argument is hereby granted. The request of respondent to allocate to amici curiae State Farm Mutual Automobile Insurance Company et al. 10 minutes of respondent's 30-minute allotted time for oral argument is granted. |
| Sep 5 2007 | Cause argued and submitted |
| Nov 28 2007 | Notice of forthcoming opinion posted |
| Nov 29 2007 |
Opinion filed: Judgment affirmed in full OPINION BY: Werdegar, J. ---- joined by: George, C.J., Kennard, Moreno, Kline, JJ. (assigned pro tem, by the Chief Justice) DISSENTING OPINION BY: Chin, J. --- joined by : Baxter, J. |
| Dec 6 2007 |
Received: counsel fo resp. (21st Century Ins. Co.) Letter re: Opinion issued on 11-29-07. |
| Dec 19 2007 | Opinion modified - no change in judgment |
| Dec 19 2007 |
Order filed The request for modification of the opinion is granted. |
| Jan 7 2008 | Remittitur issued (civil case) |
| Aug 20 2008 | Received: |
| Sep 17 2008 | Received: |
| Briefs | |
| Jul 10 2006 |
Opening brief on the merits filed |
| Aug 8 2006 |
Answer brief on the merits filed |
| Sep 12 2006 |
Reply brief filed (case fully briefed) |
| Oct 20 2006 |
Amicus curiae brief filed |
If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website.
