McDaniel
McDaniel v. Geico General Insurance
Opinion
Lead Opinion
Ishii, J.
ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
This is an insurance dispute between Plaintiff Amy McDaniel (“McDaniel”) and GEICO General Insurance Co. (“GEICO”). McDaniel is the assignee of a bad faith failure to settle claim against GEICO. Both parties bring cross-motions for summary judgment. For the reasons that follow, GEICO’s motion will be denied and McDaniel’s motion will be granted.
FACTAUL BACKGROUND
In 2008, Edward Murotani (“Murotani”) was diagnosed with diabetes. See PUF 1. On June 11, 2008, Murotani purchased an automobile insurance policy (“the Policy”) for his Nissan Altima from GEICO. See *1247 JUF 1. The Policy was in effect on October 25, 2008, and provided bodily injury liability limits of $100,000 per person and $200,000 per occurrence. JUF 2.
On October 25, 2008, Murotani was driving his Altima when he became confused and light-headed. See PUF 2. Murotani continued to drive even though he knew he was likely having a diabetic episode. 2 See id. Murotani had prior episodes of low blood sugar, so he recognized those feelings. See PUF 4. Eventually, Murotani drove his Altima onto the wrong side of a divided highway against the flow of oncoming traffic, and…