Yan Fang Du v. Allstate Insurance

ORDER

The opinion filed on June 11, 2012, slip opinion page 6575, and published at 681 F.3d 1118 , is amended by the opinion filed concurrently with this order.

With these amendments, the panel has voted to deny Appellees’ petition for panel rehearing. Judges Pregerson and Graber have voted to deny the petition for rehearing en banc, and Judge Chen has so recommended.

The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on it.

Appellees’ petition for panel rehearing and petition for rehearing en banc are DENIED. No further petitions for rehearing or for rehearing en banc shall be entertained.

OPINION

I. OVERVIEW

Appellant Yan Fang Du brought this suit against Appellee Allstate Insurance Company and its subsidiary Deerbrook Insurance Company (collectively “Deer-brook”) for breach of the implied covenant of good faith and fair dealing. Du was injured in an accident caused by Deer-brook’s insured, Joon Hak Kim. After Du received a judgment against Kim in the amount of $4,126,714.46, Kim assigned his bad faith claim to Du.

Du brought the instant suit against Deerbrook, arguing that Deerbrook breached the implied…