Bailhe v. Mercury Casualty Co. P. v. Mora
Filed
1/29/07 Bailhe v. Mercury Casualty Co. P. v. Mora CA2/1
NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits
courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 977(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 977.
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND
APPELLATE DISTRICT
DIVISION
ONE
JACQUES BAILHE,
Plaintiff and
v.
MERCURY CASUALTY COMPANY et
Defendants and
| B185508
(Los Angeles County Super. Ct. No. LC064771)
|
APPEAL from a judgment of the Superior Court of Los Angeles
County, Bert Glennon, Jr., Judge. Affirmed.
Law Offices of Patrick C. McGarrigle, Patrick C.
McGarrigle and Philip A. Zampiello for Plaintiff and Appellant.
Hager & Dowling, Thomas J. Dowling and
Jessica M. Johnson for Defendants and Respondents.
______________________________
This is a third
party bad faith case against an insurer. We reject the plaintiff's claims of
error and affirm a judgment in favor of the insurer.
FACTS
A.
On February 27, 1998, Jacques Bailhe and Jason Brenna had an automobile accident. In December, Bailhe sued Brenna for
property damage. Brenna's insurer, Mercury Casualty Company, retained counsel
for Brenna (Marc Levine) and provided a defense.
Before trial, Mercury sent Bailhe two checks,
one in June 1998 for $4,712.01, the other in November 1998 for $3,960.[1] The November check
had a box with the following notation:
IN FULL
SETTLEMENT OF P.D. CLAIMS ARISING
OUT
OF AN INCIDENT ON FEBRUARY 27, 1998
On June 28, 2001, the dispute was tried to the court (Hon. Barry A. Taylor), and a judgment was rendered in favor of Bailhe
in the amount of $12,109.50 ($3,767.59 for a replacement car rental, $2,179.81
for repairs to Bailhe's car, $1,000 for â€