Joanne Beckham v. Safeco Insurance Company of America, a Corporation
Opinion
Opinion
Poole, J.
Joanne Beckham (Beckham) appeals from the district court’s grant of summary judgment in favor of appellee Safeco Insurance Company (Safeco) on her California statutory and common law claims for unfair insurance practices. She also appeals from the district court’s denial of her motion to remand the action to state court and her demand for a jury trial. We affirm in part and reverse and remand in part.
FACTS
In January, 1976, Beckham was seriously injured in an automobile accident in Los Angeles, California. Both Beckham and the other driver, Nellie Mankin, were citizens of California. Beckham subsequently sued Mankin in California state court to recover for her personal injuries sustained in the accident. Mankin’s defense was first assumed by her primary insurer, American Reserve Insurance Company (American Reserve). When it became apparent that the probable liability of Beckham’s claim would exceed the $100,000 limit of her policy with American Reserve, her defense was assumed by Safeco, the excess liability insurer. American Reserve made its $100,000 policy limit available to Safeco, making the total liability coverage for Mankin $1,000,-000.