Emerson
Emerson v. The Prudential Insurance Company of America
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
FRANK EMERSON and MARIA EMERSON, by her guardian ad litem, FRANK EMERSON No. C 23-02158 WHA
Plaintiffs,
v.
ORDER RE MOTION FOR PARTIAL
SUMMARY JUDGMENT
THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA,
14 Defendant.
INTRODUCTION In this denial-of-coverage case, the insurer concedes that a reasonable jury could conclude the insurer breached its policy. Because a reasonable jury could also conclude that the insurer did so in bad faith, the insurer’s motion for partial summary judgment as to that issue (and punitive damages) must be rejected. That said, the insurer’s motion for partial summary judgment as to the insured’s husband’s emotional distress claim is granted. STATEMENT These facts are undisputed except where stated: 1. THE LONG-TERM CARE INSURANCE POLICY. The insured’s husband, Frank Emerson, for decades sold policies for Prudential Insurance Company of America (Dkt.…