Carr

In this case we consider whether a claim under Royal Globe Ins. Co. v. Superior Court (1979) 23 Cal.3d 880 [ 153 Cal.Rptr. 842 , 592 P.2d 329 ], for unfair insurance settlement practices survives the death of the third party claimant. We conclude that it does.

Plaintiff, the administrator of the estate of Gary Olsen Carr (Carr), appeals from a judgment of dismissal entered after the trial court sustained without leave to amend the demurrer of defendant Progressive Casualty Insurance Company (Progressive). We reverse.

Since this appeal follows the sustaining of a demurrer, we accept as true the properly pleaded allegations of the complaint. (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 ].) Plaintiff alleged that on March 22, 1978, while Carr was riding in a vehicle owned and operated by his brother, Royce Carr (Royce), Carr received injuries for which a claim was subsequently made against Royce and defendant Progressive, Royce’s automobile insurance carrier. The automobile policy issued to Royce provided personal injury liability limits in the amount of $15,000 per person and $30,000 per accident.

Carr…