Zimmerman

I agree with the majority’s view that a true conflict exists in the case at bench. The interests of California in regulating insurers and protecting third parties directly conflicts with Oklahoma’s interest in *848 protecting its insurers. However, my analysis of the interests involved compels a conclusion that California law applies.

The California Legislature enacted the Unfair Trade Practices Act, in part, to provide relief against unfair settlement practices of insurance companies operating in this state. (See Ins. Code, § 790 et seq.) Our Supreme Court’s decision in Royal Globe Ins. Co. v. Superior Court (1979) 23 Cal.3d 880, 884 [ 153 Cal.Rptr. 842 , 592 P.2d 329 ], specifically holds that a third party claimant may sue an insurer for violations of Insurance Code section 790.03, subdivision (h)(5), relating to unfair settlement practices.

Plaintiff, as the majority notes, became a resident of the State of California shortly after the accident. He alleges in his complaint, which allegations we must accept as true since this is an appeal from the sustaining of a demurrer without leave to amend, that he was in California during the entire time Allstate committed the alleged…

*843 Opinion

Plaintiff and appellant Raymond Zimmerman appeals from an order of dismissal made after the trial court sustained, without leave to amend, the demurrer of defendant and respondent, Allstate Insurance Company. We affirm the order.

Facts and Procedural History

On June 13, 1979, plaintiff, a truck driver then residing in Illinois, was injured in a collision between his truck and a vehicle driven by Aaron McIntosh, a resident of Oklahoma, where the collision occurred. Plaintiff was hospitalized in Oklahoma for several weeks, then convalesced at the home of his sister in Kentucky for several months. In late 1979 or early 1980, he moved to California, and has since resided in this state.

On January 15, 1981, represented by Oklahoma attorneys, plaintiff commenced a civil action against McIntosh in an Oklahoma state court to recover damages plaintiff allegedly sustained in the accident of June 13, 1979. That action was dismissed without prejudice by the Oklahoma court on February 9, 1983, for failure of plaintiff to appear at the pre-trial conference.

On February 3, 1984, represented by Oklahoma attorneys, plaintiff commenced a civil action against McIntosh in the United…

Plaintiff and appellant Raymond Zimmerman appeals from an order of dismissal made after the trial court sustained, without leave to amend, the demurrer of defendant and respondent, Allstate Insurance Company. We affirm the order.

On June 13, 1979, plaintiff, a truck driver then residing in Illinois, was injured in a collision between his truck and a vehicle driven by Aaron McIntosh, a resident of Oklahoma, where the collision occurred. Plaintiff was hospitalized in Oklahoma for several weeks, then convalesced at the home of his sister in Kentucky for several months. In late 1979 or early 1980, he moved to California, and has since resided in this state.

On January 15, 1981, represented by Oklahoma attorneys, plaintiff commenced a civil action against McIntosh in an Oklahoma state court to recover damages plaintiff allegedly sustained in the accident of June 13, 1979. That action was dismissed without prejudice by the Oklahoma court on February 9, 1983, for failure of plaintiff to appear at the pre-trial conference.

On February 3, 1984, represented by Oklahoma attorneys, plaintiff commenced a civil action against McIntosh in the United States District…