Huges v. Progressive Direct Ins. 6/15/11 CA2/7

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B224990

Case Date: 09/28/2011

Preview:Filed 6/15/11

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN

CHRIS HUGHES, Plaintiff and Appellant, v. PROGRESSIVE DIRECT INSURANCE COMPANY, Defendant and Respondent.

B224990 (Los Angeles County Super. Ct. No. BC426745)

APPEAL from an order of the Superior Court of Los Angeles County, Carolyn B. Kuhl, Judge. Reversed. Kabateck Brown Kellner, Brian S. Kabateck, Ricahrd L. Kellner and Alfredo Torrijos for Plaintiff and Appellant. Baker & Hostetler, Peter W. James; Baker & Hostetler, Paul G. Karlsgodt and Tina Amin for Defendant and Respondent. ______________________

In Moradi-Shalal v. Fireman's Fund Insurance Companies (1988) 46 Cal.3d 287 (Moradi-Shalal) the Supreme Court reversed its decision in Royal Globe Ins. Co. v. Superior Court (1979) 23 Cal.3d 880 and held the prohibitory provisions of Insurance Code section 790.03 (part of the Unfair Insurance Practices Act (UIPA) (Ins. Code,

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