Droz

Droz v. Pacific National Insurance

Good Law
138 Cal. App. 3d 181·188 Cal. Rptr. 10·1982 Cal. App. LEXIS 2222
Court of Appeal of CaliforniaDecember 16, 1982Civ. 62771California2,206 words

Opinion

Opinion

Klein, J.

Jon Droz (Droz) appeals from a judgment of dismissal entered after the trial court sustained Pacific National Insurance Company’s (Pacific) general demurrer without leave to amend to Droz’s complaint.

We disagree with Droz’s numerous contentions and affirm the judgment.

Procedural and Factual Background

On appeal, we regard the demurrers as admitting all properly pleaded material facts (Thompson v. County of Alameda (1980) 27 Cal.3d 741, 746 [ 167 Cal.Rptr. 70 , 614 P.2d 728 , 12 A.L.R.4th 701 ]) and so begin by reciting the gravamen of the complaint.

In 1977, Droz sustained industrial injuries compensable under the Workers’ Compensation Act and received an award from the Workers’ Compensation Appeals Board (the Board) in October 1979. Pacific was the workers’ compensation insurance carrier for Droz’s employer but refused to pay benefits to Droz under the employer’s policy. As a result, Droz suffered mental and emotional distress, has been unable to procure necessary medical care, and lost his job because he could not work without first obtaining required surgery.

Droz’s complaint sets forth four causes of action for civil damages: (1) Wrongful refusal to pay…

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