“We All Do It” Fraud
The California Court of Appeal, in Cassim v. Allstate Insurance Co., 94 P.3d 513, 33 Cal.4th 780, 16 Cal. Rptr.3d 374 (Cal. 07/29/2004), was faced with a trial verdict of bad faith against an insurer that it found was based upon prejudicial final argument leading the jury to believe that “some fraud” is permissible.
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