Cantrell v. Great Republic Insurance Company

873 F.2d 1249 10 Employee Benefits Ca 2642 Anne CANTRELL, an individual and as administratrix of the Estate of Jennifer Cantrell, Plaintiff-Appellant, v. GREAT REPUBLIC INSURANCE COMPANY and Great Republic Life Insurance Company, Defendants-Appellees. No. 88-6025. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 3, 1989. Decided April 24, 1989. Raphael Metzger, Seal Beach, Cal., for plaintiff-appellant. John Chakmak (argued), and Charles L. Zetterberg, on brief of Buxbaum & Chakmak, Newport, Cal., for Great Republic Ins. Co. Roger A. Ginsburg, Claremont, Cal., for Great Republic Life Ins. Co. Appeal from the United States District Court for the Central District of California. Before SNEED, FARRIS and PREGERSON, Circuit Judges. PREGERSON, Circuit Judge: I. BACKGROUND 1 On October 8, 1985, appellant Anne Cantrell filed an action in state court for wrongful rescission of an insurance contract. She alleged that defendant Great Republic Insurance Company (GRIC), a California corporation, had breached the implied covenant of good faith and fair dealing and wrongfully denied the existence of a contract when it rescinded the policy she had obtained in 1981.…