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GEORGE F. HILLENBRAND, INC. v. INS. CO. OF NORTH AMERICA

No. C030059.

128 Cal.Rptr.2d 586 (2002)

104 Cal.App.4th 784

GEORGE F. HILLENBRAND, INC., et al., Plaintiffs and Appellants, v. INSURANCE COMPANY OF NORTH AMERICA et al., Defendants and Appellants.

Court of Appeals of California, Third District.

Review Denied March 19, 2003.

Attorney(s) appearing for the Case

Law Offices of Robert W. Drane, Robert W. Drane, Walnut Creek; Sack, Miller & Rosendin and William S. Miller, Oakland, for Plaintiffs and Appellants.

Hinshaw & Culbertson, Robert J. Romero, San Francisco, Paul E. Vallone and Michelle S. Dangler for Defendants and Appellants.

RAYE, J.

A jury found that Aetna Insurance Company maliciously prosecuted two lawsuits against the insureds, George F. Hillenbrand, a framer, and his company, George F. Hillenbrand, Inc. The Insurance Company of North America (INA) handled the investigation and processing of the claim, as well as the prosecution of the lawsuits against Hillenbrand, but the trial court granted INA's motion for a directed verdict, concluding it was not liable as an agent for the insurer...

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