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WEBSTER v. SUPERIOR COURT

Docket No. S001335.

46 Cal.3d 338 (1988)

758 P.2d 596

250 Cal. Rptr. 268

ROBERT L. WEBSTER, JR., et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; ROXANI E. GILLESPIE, as Insurance Commissioner, etc., et al., Real Parties in Interest.

Supreme Court of California.

August 22, 1988.

Attorney(s) appearing for the Case

COUNSEL

Conrad G. Tuohey, Teresa M. Ferguson, Gene R. Prasse, Tuohey & Prasse, Richard C. Bennett and Bennett & Johnson for Petitioners.

No appearance for Respondent.

John K. Van de Kamp, Attorney General, Edmond B. Mamer and Raymond B. Jue, Deputy Attorneys General, Royal F. Oakes, John C. Holmes, Barger & Wolen, Jane A. Corning and Lynch, Loofbourrow, Helmenstine, Gilardi & Grummer for Real Parties in Interest.

OPINION

EAGLESON, J.

The issues in this case are whether an insurance company's insolvency proceeding under the California Insurance Code requires a stay of a personal injury action against the company, even when the company itself is insured by another carrier for the claim and, if not, whether the stay of petitioners' personal injury action against an insolvent insurer was an abuse of the trial court's discretion. We hold that a...

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