Griffith

The issue presented by this appeal is: Prior to the filing of a lawsuit or another formal proceeding, can a third party claimant require an insurance carrier to release the policy limits of an insurance contract?

Facts

Marian P. Griffith and Cecilio Guerra (hereinafter Claimants) each retained Attorney Curtis L. Gemmil to represent them in personal injury lawsuits arising from two separate motor vehicle accidents. The other persons involved in the accidents were both insured by State Farm Mutual Automobile Insurance Company, a corporation (hereinafter Insurer). Claimants did not immediately file lawsuits against the two named insureds. However, through their attorney, Claimants requested Insurer disclose the amount of coverage provided in the two separate insurance contracts. When Insurer refused to disclose the information requested, Claimants brought the within action claiming they were entitled to the information even though no lawsuit or other formal proceeding had been filed.

Claimants’ civil suit alleged four causes of action: (1) breach of implied in law contract; (2) breach of Insurance Code section 790.03, subdivision (h); (3) breach of the implied covenant of…