Ruling by
Brian M. HoffstadtLower Court
Los Angeles County Superior CourtLower Court Judge
Peter A. HernandezRelease of claims resulting from broker's acts barred any liability for insurance company based on allegedly negligent suitability analysis conducted by the broker and relied upon by the insurer.
Court
California Courts of Appeal 2DCA/2Cite as
2023 DJDAR 8765Published
Aug. 25, 2023Filing Date
Aug. 24, 2023Opinion Type
ModificationDisposition Type
AffirmedCase Fully Briefed
May 1, 2023Oral Argument
Jul. 20, 2023
PETER FISCHL,
Plaintiff and Appellant,
v.
PACIFIC LIFE INSURANCE COMAPNY,
Defendant and Respondent.
No. B320820
(Los Angeles County Super. Ct. No. KC068602)
California Court of Appeal
Second Appellate District
Division Two
Filed August 24, 2023
ORDER MODIFYING OPINION
NO CHANGE IN THE JUDGMENT
THE COURT:
It is ordered that the opinion filed herein on August 3, 2023, be modified as follows:
1. In the caption on page 1, change the spelling of the name of Defendant and Respondent from "PACIFIC LIFE INSURANCE COMAPNY" to "PACIFIC LIFE INSURANCE COMPANY".
2. In line 7 of page 21, replace the number "2434.2(c)" with the number "2534.2(c)" so the full sentence reads as follows:
Specifically, he asserts that section 2534.2(c) "unambiguous[ly]" imposes a duty on the insurance company to perform its own analysis; as explained above, we have come to a contrary conclusion.
There is no change in the judgment.
LUI, P. J.
ASHMANN-GERST, J.
HOFFSTADT, J.
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