Fear Not Law CA Pub. Decisions

LAURA RAPPAPORT-SCOTT v. INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB

Filed 1/30/07 LAURA RAPPAPORT-SCOTT v. INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB
CA Pub. Decisions
LAURA RAPPAPORT-SCOTT v


 


LAURA RAPPAPORT-SCOTT v. INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB


Filed 1/11/07


CERTIFIED FOR PUBLICATION


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA


SECOND APPELLATE DISTRICT


DIVISION THREE







LAURA RAPPAPORT-SCOTT,


            Plaintiff and Appellant,


            v.


INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB,


            Defendant and Respondent.



            B184917


            (Los Angeles County


            Super. Ct. No. BC320667)



            APPEAL from a judgment of the Superior Court of Los Angeles County, Ronald  M.  Sohigian, Judge.  Affirmed.


            Law Offices of Kenneth L. Schreiber and Kenneth L. Schreiber for Plaintiff and Appellant.


            Ford, Walker, Haggerty & Behar, Timothy L. Walker and Jay D. Brown for Defendant and Respondent.


 


            Laura Rappaport-Scott appeals a judgment dismissing her complaint against her automobile insurer, Interinsurance Exchange of the Automobile Club (Interinsurance), after the sustaining of a demurrer without leave to amend.  She contends Interinsurance unreasonably and in bad faith refused her demand to settle her claim for benefits for bodily injury caused by an underinsured motorist before submitting the claim to arbitration.  We conclude that the facts alleged in the complaint are insufficient to state a cause of action for breach of the implied covenant of good faith and fair dealing, and therefore affirm the judgment.


FACTUAL AND PROCEDURAL BACKGROUND


            1.         Factual Background


            Interinsurance issued an automobile insurance policy to Rappaport-Scott including coverage for bodily injury caused by uninsured and underinsured motorists.  Under the terms of that coverage part, Interinsurance agreed to pay all sums that the insured was â€

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