Afuso

Plaintiff appeals from a judgment dismissing her action against an insurer for bad faith after a demurrer to her original complaint was sustained without leave to amend.

Plaintiff Toshiko Afuso filed a complaint against United States Fidelity and Guaranty Company, Inc. (USF&G), and two of its employees, alleging unfair claims settlement practices in violation of Insurance Code section 790.03, subdivision (h)(5). Plaintiff alleged she was injured in a motor vehicle accident on June 10, 1982, which was proximately caused by the negligence of Joseph Roybal, the driver of a vehicle owned by USF&G’s insured. Plaintiff further alleged that on September 14, 1983, she accepted USF&G’s offer to settle the suit for $40,000. She stated that, pursuant to the settlement, she executed “a release of all claims;” however, “[njothing contained in said release purported to waive Plaintiff’s right to proceed against Defendants . . . for their breach of duty under Insurance Code section 790.03.” Plaintiff did not attach a copy of the release to her complaint.

Defendants demurred to the complaint and attached a copy of the release. The trial court sustained the demurrer without leave to…