Zerin

Farmers Ins. Exchange v. Zerin

Good Law
1997 Cal. App. LEXIS 180·53 Cal. App. 2d 445·53 Cal. App. 4th 445·61 Cal. Rptr. 2d 707·97 Daily Journal DAR 3407
Court of Appeal of CaliforniaFebruary 27, 1997C021079California5,050 words

Opinion

Opinion

Puglia, J.

Plaintiff, Farmers Insurance Exchange (Farmers), appeals from a judgment of dismissal entered after the trial court sustained general demurrers to the complaint, in part with leave to amend, and Farmers declined to amend. Farmers contends the complaint adequately states causes of action for conversion, breach of constructive trust, declaration of a lien, negligent and intentional interference with contract, money had and received, and a general declaration of rights. We shall affirm.

I

For purposes of appeal, we accept as true the facts as alleged in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [ 216 Cal.Rptr. 718 , 703 P.2d 58 ].) Farmers issued separate policies of automobile insurance to Joseph Stewart and Linda Kendrick, which provide for the payment of medical benefits in the event of an accident in which the insured or another covered person is injured. On or about August 13, 1991, Stewart was involved in an accident in which he and Jimmy Stinnett were injured. Stewart and Stinnett submitted a claim for medical benefits under Stewart’s insurance policy and Farmers paid the sum of $10,000. On or about July 25, 1992, Kendrick was involved in an…

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