McCoy

McCoy v. Progressive West Insurance Co.

Good Law
171 Cal. App. 4th 785·2009 Cal. App. LEXIS 267·90 Cal. Rptr. 3d 74
Court of Appeal of CaliforniaFebruary 4, 2009B199978California3,137 words

Opinion

Opinion

Bauer, J.

Progressive West Insurance Company (Progressive) appeals from the amended judgment on special verdict in favor of Cedric McCoy on his insurance bad faith action arising from denial of his vehicle theft claim. Based on our review of the record and applicable law, we affirm the judgment.

The trial court properly refused to give Progressive’s requested genuine dispute instructions. The court did not abuse its discretion in excluding evidence of domestic violence and evidence of, and comment on, an automobile accident, both of which are unrelated to the car theft. The court acted within its discretion in denying admission of the entire claims file and evidence in the form of the tapes, transcripts, and summaries of all recorded investigative statements where no good cause was shown. Progressive fails to show prejudice flowing from its unsuccessful evidentiary claims. Substantial evidence supports the bad faith finding and award of punitive damages.

BACKGROUND

In his complaint, McCoy alleged: On or about March 31, 2004, his Ford Mustang was stolen in Las Vegas, Nevada, and when recovered, the Mustang, which had been burned and damaged, was “essentially of no value.” This…

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