Gentry

ORDER

Plaintiff brings an action for breach of the implied covenant of good faith and fair dealing and for breach of contract arising from defendant’s handling of his underinsured motorist (“UIM”) claim. Defendant moved for summary judgement on both claims.

I. BACKGROUND

Plaintiff was injured in an automobile accident on August 24, 2004, when another driver ran a red light at an intersection in Modesto, California. The police concluded that the other driver caused the accident. Decl. of Andre Snowden filed in support of Def.’s Mot. Summ. J. (“Snowden Deck”) Ex. 1. Plaintiff filed a UIM claim after sustaining knee injuries in an automobile accident. His insurance policy provided a limit of $100,000 for UIM coverage, minus the amount covered by the other driver’s insurance. Plaintiffs claim was settled more than four years after the date of the accident.

A. Knee Injury

Plaintiff reported knee pain at the scene. On September 7, 2004, plaintiff sought treatment at Sutter Gold Medical Foundation for bi-lateral knee pain. Plaintiff informed the physician that his knees hit the dashboard in the accident. Decl. of Mathew Jaime filed in support of Def.’s Mot. Summ. J. (“Jaime Decl.”)…