When will a plaintiff be able to bring a bad faith action against a liability insurer?
California, United States of America
The following excerpt is from Pacific Estates, Inc. v. Superior Court, 13 Cal.App.4th 1561, 17 Cal.Rptr.2d 434 (Cal. App. 1993):
The effect of this statute is to prevent joint trials against both a liability insurer and its insured. (See, e.g. Rose v. Royal Ins. Co. (1991) 2 Cal.App.4th 709, 718, 3 Cal.Rptr.2d 483 [insurer may not be joined in the action against the insured].) For this reason we must reject petitioners' request for reconsolidation of the bad faith action with the underlying case for construction defects.
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