Geraci

May an insurance company and its agents charged with actionable claim-handling practices be joined in the same action with the negligent insured driver? We hold they may not.

Sharon Geraci (plaintiff) appeals from an order of dismissal after the sustaining of a demurrer to her third amended complaint. This amended complaint for personal injury, breach of contract, fraud and punitive damages alleges that defendants United Services Automobile Association (USAA) and Carl Warren & Co. (Warren) were insurance companies, insurance company administrators and claim adjusting services, that defendant A1 Shaw was an employee of Warren, and that defendants USAA and Warren were acting as insurance companies, insurance company administrators and claim adjusting services for defendant Moores.

The first cause of action alleges that defendant Moores negligently operated an automobile on or about August 2, 1983, which proximately caused plaintiff injury and damages, and that defendants USAA, Warren and Shaw are estopped from asserting the statute of limitations as a defense. The second through fifth causes of action allege various theories against defendants USAA, Warren and Shaw…