Garner

Garner v. American Mutual Liability Insurance

Good Law
107 Cal. Rptr. 604·1973 Cal. App. LEXIS 1114·31 Cal. App. 3d 843
Court of Appeal of CaliforniaApril 24, 1973Civ. 13669California2,836 words

Opinion

Opinion

Regan, J.

Defendant had insured plaintiff, a physician, against medical malpractice claims for a maximum amount of $100,000. A malpractice action against plaintiff had resulted in a jury verdict and judgment against plaintiff in the sum of $225,000. Thereafter, plaintiff filed the instant action against defendant insurance company for damages in the amount of $625,000 on the ground of bad-faith refusal to settle a claim against him within the policy limits. After trial by the court, judgment was rendered for defendant, and plaintiff appeals.

Facts

Defendant issued a group malpractice insurance policy to the Sacramento Society for Medical Improvement under which individual doctors who were members of the society could obtain malpractice insurance for the amount they desired and the premium they were willing to pay.- Under the provisions of an agreement between defendant, the society and its certified members, a medical review committee of physician-members of the society was established for the purpose of reviewing any claim of malpractice against an insured doctor to determine whether or not there had been a deviation from the appropriate standard of medical care. This committee…

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