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Modification: Fadeeff v. State Farm General Insurance Co.

Ruling by

Marla J. Miller

Lower Court

Mendocino County Superior Court

Lower Court Judge

Jeanine B. Nadel

Under 'genuine dispute' rule, in context of bad faith claims, summary judgment is only appropriate where basis for insurer's denial is indisputably reasonable.





Court

California Courts of Appeal 1DCA/2

Cite as

2020 DJDAR 6827

Published

Jul. 2, 2020

Filing Date

Jul. 1, 2020

Opinion Type

Modification

Disposition Type

Reversed


LEONARD FADEEFF et al.,

Plaintiffs and Appellants,

v.

STATE FARM GENERAL INSURANCE COMPANY,

Defendant and Respondent.

 

No. A155691

(Mendocino County Super. Ct.

No. SCTMCVG1768908)

California Courts of Appeal

First Appellate District

Division Two

Filed July 1, 2020

 

BY THE COURT:

 

It is ordered that the opinion filed herein on May 22, 2020, be modified as follows:

In the last sentence on page 13, the words "the reasonableness of State Farm's coverage position" should be deleted and replaced with the word "it". The sentence will now read "The problem with this argument is that it was not the basis for the motion for summary judgment."

This modification does not change the judgment. The Petition for Rehearing is denied.

 

 

Dated:___________________

Kline, P.J.

#275562

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