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Simonyan v. Nationwide Ins. Co. of America CA3
This dispute between Nshan Simonyan and his insurer, Nationwide Insurance Company of America (Nationwide), involves Nationwide’s handling of his defense in an action arising out of a three-car accident in which Simonyan was a driver. Simonyan asked Nationwide to appoint, as Cumis counsel, a law firm that he had already hired to advance his affirmative claim against the driver who hit him. Nationwide refused. Simonyan appeals from a judgment of dismissal after the trial court sustained Nationwide’s demurrer to his second amended complaint without leave to amend. Simonyan argues his allegations were sufficient to state claims for breach of contract and breach of the implied covenant of good faith and fair dealing, and that the trial court abused its discretion in denying his motion to reconsider based on new allegations. We will affirm the judgment.

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