Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
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is the insured a different person than the plaintiff?
here are the requirements in CA (plaintiffs must plead that):
1- they are in a contractual relationship with the insurance company or are an express beneficiary of an insurance policy
2-that benefits are due under the policy; and
3- that the insurance company’s withholding of benefits is unreasonable. (See, e.g., Progressive West Ins. Co. v. Yolo County Superior Court (2005) 135 Cal.App.4th 263, 278 [37 Cal.Rptr.3d 434].)
if you are either the contractual relationship OR a beneficiary because of benefits covering you in an accident, then you would be able to bring a bad faith claim. Does that adequately answer your question?
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