Martin

The action is for an excess over the stated limit of a public liability insurance policy based on asserted bad faith of the company in refusing to settle. Demurrer to the complaint was sustained with leave to amend. The demurrer is based solely on asserted failure to state facts sufficient to constitute a cause of action. The minute order sustaining demurrer stated “no cause of action.” Plaintiff did not amend, judgment of dismissal followed, and plaintiff appeals from the judgment.

The Facts

The facts are stated as they appear in the complaint and the exhibits incorporated into it. The allegations are taken as true because of the state of the case, but certain additional assertions contained in appellant’s brief are ignored as outside the record.

Plaintiff, a minor, was plaintiff in a personal injury case, which she brought against Ezekiel Belman. Belman’s mother’s vehicle was insured by respondent up to $10,000, for injury to person. The policy provided insurance for persons living in the mother’s household, and Belman lived in the household. Plaintiff obtained a verdict for $25,000. Belman assigned his cause of action, if any he had, to plaintiff, as is common in this type…