Insured May Proceed With Bad Faith Action Against His Own Insurer.

Plaintiff was injured by an uninsured motorist, and made a claim under his $250,000 uninsured motorist coverage. His insurer demanded arbitration. After an arbitrator awarded plaintiff $164,120.91, plaintiff filed a complaint against his insurance company for breach of the implied covenant of good faith and fair dealing by forcing him to arbitrate his claim without fairly investigating, evaluating and attempting to resolve it. The trial court sustained the insurer’s demurrer. The appellate court reversed, stating: “We conclude that the complaint adequately stated a claim for bad faith when it alleged that the insurer, presented with evidence of a valid claim, failed to investigate or evaluate the claim, insisting instead that its insured proceed to arbitration.” (Maslo v. Ameriprise Auto & Home Insurance  (Cal. App. Second Dist., Div. 4; June 27, 2014) (As Mod. July, 22, 2014) 227 Cal.App.4th 626, [173 Cal.Rptr.3d 854].)