Sych
Sych v. Insurance Co. of North America
Opinion
Lead Opinion
Stone, J.
May a plaintiff who, at trial, fails to prove an insured defendant’s liability subsequently sue the defendant’s insurers for unfair practices in not attempting, in good faith, to settle the case once liability to plaintiff is “reasonably clear”? It may not. We affirm the judgment of dismissal.
Minor, Alison Rae Sych, by and through Marianne Sych, mother and guardian ad litem, appeals the trial court’s sustaining demurrers of Insurance Company of North America (INA) and Pacific Indemnity (Pacific), *324 without leave to amend, on grounds that plaintiff could not state a cause of action for unfair practices, restraint of trade, declaratory relief and violations of Insurance Code section 790.03.
Facts
Material complaint allegations are: from December 18, 1969, to and including June 2, 1970, Constantine S. Innes, M.D., ministered to Marianne Sych who was pregnant with appellant. June 2, 1970, Marianne Sych gave birth to appellant two months prematurely; appellant had cerebral palsy and hyaline membrane disease.
Appellant filed suit against Doctor Innes claiming professional negligence by inducing labor prematurely. After discovery proceedings, appellant demanded policy…