California Appellate Tracker

Chu v. Old Republic Home Protection Co., Inc. (2021)

February 2, 2021

Even though home protection contracts are regulated under a separate part of the Insurance Code (Ins. Code 12740 et seq.) and are subject to the Unfair Insurance Practices Act (Ins. Code 790.03), this decision holds that home protection contracts are sufficiently different from insurance so that the homeowner cannot state a claim against the contract issuer for tortious breach of the duty of good faith. The decision also holds that 10 Cal. Code Regs section 2695.9, which imposes certain standards on residential or commercial property insurance that compensates for loss on a replacement cost basis, does not apply to home protection contracts since they are not property insurance.

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Chu v. Old Republic Home Protection Co., Inc. (2021)

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