Good
Good v. State Farm Mutual Automobile Insurance
Opinion
lead Opinion
MEMORANDUM ***
Dr. James W. Good appeals the grant of summary judgment in favor of State Farm Mutual Automobile Insurance Company (“State Farm”) on his claim that State Farm breached the implied covenant of good faith and fair dealing under California law. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm. Because the parties are familiar with the underlying facts and procedure, we discuss them only as necessary to explain our disposition.
Dr. Good asserts that State Farm, acting in bad faith, wrongfully settled his liability to third parties involved in the multi-vehicle accident giving rise to cover *583 age because it erred in assessing him as primarily at fault. “To establish a bad faith claim, the insured must show that (1) benefits due under the policy were withheld and (2) the reason for withholding the benefits was unreasonable or without proper cause.” Century Sur. Co. v. Polisso, 139 Cal.App.4th 922 , 43 Cal.Rptr.3d 468, 487 (2006). State Farm paid all benefits due under the State Farm Mutual Automobile Policy (“Policy”). The Policy also expressly provided in “Section I-Liability-Coverage A” that “[State Farm] ha[s] the right to investigate, negotiate,…