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Crisci v. Security Insurance Co.
California Supreme Court
66 Cal. 2d 425, 58 Cal. Rptr. 13, 426 P.2d 173 (1967)
Crisci (plaintiff) owned an apartment building in which June Dimare and her husband were tenants. Crisci owned an insurance policy with Security Insurance Co. (Security) (defendant) for $10,000. One day on Crisci’s property, Dimare fell through a broken step and was suspended above the ground. Dimare suffered injuries and brought suit against Crisci for $400,000 in damages. Security refused to settle with Dimare for even the policy limit of $10,000. Dimare brought suit against Crisci, and the jury awarded Dimare $100,000 and her husband $1,000. Security paid its $10,000 policy. Crisci could not pay the remaining $91,000 in damages, and entered into a settlement where she transferred some property to Dimare, including her right to sue Security for $91,000 in excess of policy limits.
Rule of Law
Holding and Reasoning (Peters, J.)
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