Interinsurance Exchange v. Sup. Ct.
Interinsurance Exchange of the Automobile Club (Interinsurance Exchange) petitions for a writ of mandate challenging the trial court's denial of its demurrer to the first amended complaint filed by Michelle Montpetit. The legal issue in this case is identical to the issue in Allstate Insurance Company v. Superior Court (Delanzo) (2007) Cal.App.4th, filed simultaneously with this opinion. Based on Delanzo, Court conclude the court erred in overruling Interinsurance Exchange's demurrer. Court thus grant Interinsurance Exchange's petition for writ of mandate, and order the court to vacate its order overruling Interinsurance Exchange's demurrer and enter a new order sustaining the demurrer.
Comments on Interinsurance Exchange v. Sup. Ct.