Hellinger v. Farmers Ins. Exchange (2001)

JAY HELLINGER et al., Plaintiffs and Appellants, v. FARMERS INSURANCE EXCHANGE et al., Defendants and Respondents.

[Modification of opinion (91 Cal.App.4th 1049) with change in judgment.]

THE COURT. fn. †

It is ordered that the opinion filed on August 24, 2001, be modified in the following particulars:

1. On page 3, the last sentence of the third full paragraph is modified to read:

It alleges causes of action for breach of the covenant of good faith and fair dealing, breach of contract, alter ego liability, and joint venture liability.

2. On page 23, in the first paragraph under "IV," the first sentence is modified to read: [92 Cal. App. 4th 384b]

Finally, Mid-Century argues that even if section 340.9 applies, it revives only plaintiff's contract claim, not his claims for bad faith and punitive damages.

3. On page 24, the first full paragraph is deleted.

4. On page 24, the last sentence above "V" is modified to read:

We are satisfied that the claims for bad faith and punitive damages are "insurance claim[s] for damages arising out of the Northridge earthquake" within the meaning of section 340.9.

5. This modification effects a change in the judgment.

FN †. Before Epstein, J., Vogel, (C.S.), P.J., and Curry, J.