Tran

This case involves the fiduciary and contractual duties owed to an insured by a reciprocal insurer’s attomey-in-fact. The attomeyin-fact acts as the insurer’s managerial agent, deriving its authority from a power of attorney executed by the insured. (Ins. Code, § 1305; Lee v. Interinsurance Exchange (1996) 50 Cal.App.4th 694, 704 [ 57 Cal.Rptr.2d 798 ].) We hold that the attomey-in-fact owes the insured a limited fiduciary duty under the power of attorney. We also hold that the attomey-in-fact may be liable for breach of the covenant of good faith and fair dealing implied in the insurance contract, if the insured can establish the conditions for application of the “alter ego” or “single enterprise” doctrine.

Ngoc Tran appeals from an order sustaining a demurrer without leave to amend and an order granting summary adjudication, which together disposed of all her causes of action against respondents Farmers Group, Inc., Tmck Underwriters Association, and Fire Insurance Exchange. A final judgment was entered after the notice of appeal was filed. We shall treat the notice of appeal as filed after the entry of judgment. (Lee Newman, M.D., Inc. v. Wells Fargo Bank (2001) 87…