Zubillaga

*1020 In this first party insurance bad faith action, the question is whether the court properly granted summary judgment for the insurer, based on the "genuine dispute" doctrine. (See Wilson v. 21st Century Ins. Co. (2007) 42 Cal.4th 713 , 723, 68 Cal.Rptr.3d 746 , 171 P.3d 1082 ( Wilson ).)

Plaintiff Carmen Zubillaga was injured in an automobile accident. The other driver *623 was at fault. Her insurer, defendant Allstate Indemnity Company (Allstate), rejected her demand for $35,000, the full amount of her remaining underinsured motorist (UIM) coverage, although it made her a series of offers increasing to $15,584 instead.

After an arbitrator awarded plaintiff $35,000, the amount of her demand, she sued Allstate for breach of the implied covenant of good faith and fair dealing.

We conclude plaintiff demonstrated triable issues of material fact regarding whether Allstate's decision she did not need expensive epidural steroid injections, was made without a good faith investigation and without a reasonable basis for a genuine dispute. Therefore, summary judgment was improper and we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

"Because this case comes before us after the trial…