The Royal Globe Decision
On March 29, 1979, the California Supreme Court held in Royal Globe Insurance Co. v. Superior Court, 23 Cal. 3d 880 (1979), that these statutory provisions created a private right of action in tort in third party cases in favor of both insureds (first parties) and claimants (third parties) including, in appropriate cases, damages for emotional distress and punitive damages. This was the law in California until 1988, when it was reversed by the Supreme Court in Moradi-Shalal v. Fireman’s Fund, 46 Cal. 3d 287, 250 Cal. Rptr. 116 (1988).
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