Kransco v. American Empire Surplus Lines Ins. Co.

• Court: California Supreme Court
• Writing for the Court: GEORGE
• Citation: Kransco v. American Empire Surplus Lines Ins. Co., 67 Cal.Rptr.2d 167, 942 P.2d 414 (Cal. 1997)
• Decision Date: 20 August 1997
• Docket Number: No. S062139,S062139
• Parties: KRANSCO, Appellant, International Insurance Company et al., Respondents, v. AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY, Appellant

Page 167

67 Cal.Rptr.2d 167

942 P.2d 414

KRANSCO, Appellant International Insurance Company et al., Respondents, v. AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY, Appellant.

No. S062139.

Supreme Court of California

Aug. 20, 1997.

Review Granted May 26, 1999.

Prior report: Cal.App., 63 Cal.Rptr.2d 532.

Petition for review GRANTED.

The issues to be argued before this court shall be limited to (1) Whether an insurer may assert an affirmative defense of the insured's comparative bad faith in a bad faith action brought against the insurer and (2) Whether California public policy prevents the recovery of punitive damages awarded against the insured in the underlying action as consequential damages in the bad faith action against the insurers where the underlying action was decided in a foreign jurisdiction...