Kivorkian v. Star Ins. Co. CA2/3
Plaintiff suffered personal injuries when an uninsured motorist rear-ended his car at a red light. After presenting a coverage claim to his insurer, Defendant Star Insurance Company, Plaintiff made a demand for arbitration under the uninsured motorist provision of his policy. At arbitration, Plaintiff claimed damages in excess of his $1,000,000 policy limit. The arbitrator awarded Plaintiff $70,000 on the claim. Plaintiff petitioned the superior court to vacate the arbitration award on the ground that Star engaged in misconduct to procure it. The court denied the petition, and Star paid the arbitration award in full.
Following the ruling on his petition to vacate the arbitration award, Plaintiff filed this action, alleging Star breached the implied covenant of good faith and fair dealing by unreasonably withholding policy benefits.
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