What is the effect of the Moradi-Shalal decision on a third party cause of action?

The Hadlands are in the same situation as was the plaintiff in Smith v. State Farm Mut. Auto. Ins. Co. (1992) 5 Cal.App.4th 1104, 7 Cal.Rptr.2d 131, who filed a pre-Moradi-Shalal complaint stating a third-party cause of action under section 790.03, subdivision (h), and then, after finality of Moradi-Shalal, attempted to allege, for the first time, another cause of action under the statute, by assignment from the insured. The reviewing court affirmed the trial court's order sustaining defendants' demurrers to both causes of action, the latter on the basis that the new cause of action was asserted "well after the Moradi-Shalal decision." (Id. at p. 1116, 7 Cal.Rptr.2d 131.) ⁵