See the full video at https://youtu.be/uXORQsD3vzw  The full text of Guebara v. Allstate Insurance Co. 237 F.3d 987 (9th circ. 01/12/2001), follows. It found that testimony at an EUO could prove that there was a real dispute between the insured and the insurer that was sufficient to defeat a claim of damage in bad faith.
The Court's Opinion was delivered by: D.W. Nelson, District Judge
Argumented and filed October 7, 1999
Disagreement of Judge B. Fletcher
The question in this case is presents whether the district court violates California law by dismissing plaintiff Lana Guebara's allegations of infidelity because there were real issues of coverage. Guebara argues that the "genuine issue" rule should be limited to disputes over contract language and California insurance law. We believe that the district court did not err when applying the real issue in this case, and we confirm.
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Barry Zalma, Esq., CFE, now limits his practice to employment as an insurance consultant specializing in insurance coverage, insurance claims handling, fraud and insurance fraud almost equally for insurance companies and policyholders. He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims lawyer and more than 52 years in the insurance industry. He is available at http://www.zalma.com and email@example.com.
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