Parnell

Parnell v. Smart

Good Law
136 Cal. Rptr. 246·1977 Cal. App. LEXIS 1182·66 Cal. App. 3d 833
Court of Appeal of CaliforniaFebruary 7, 1977Civ. 15945California1,397 words

Opinion

Opinion

Regan, J.

In this action plaintiff seeks damages from defendants-attomeys for alleged legal malpractice arising from their handling of an uninsured motorist claim.

Facts

On June 6, 1973, plaintiff’s wife was a passenger in a vehicle owned and operated by the Hudsons which was involved in a collision with an uninsured motorist. The collision resulted in the death of plaintiff’s wife.

Farmers Insurance Group was the insurer for the Hudsons. Grange Insurance Association provided uninsured motorist coverage to plaintiff. Plaintiff made a claim against Farmers Insurance for uninsured motorist benefits. Farmers allegedly wrongfully refused to pay any such benefits maintaining there had been an uninsured motorist coverage waiver executed by the Hudsons. Plaintiff then made a claim under his own policy with Grange and received the full limits of that policy ($15,000).

Thereafter, plaintiff instituted arbitration proceedings against Farmers. In those proceedings, Farmers retained defendants to represent Farmers’ interests. It is from the alleged mishandling of this claim by Farmers and its attorneys, the defendants, that the present action arises.

Prior to the arbitration hearing,…

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