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CASSIM v. ALLSTATE INS. CO.

No. S109711.

16 Cal.Rptr.3d 374 (2004)

94 P.3d 513

33 Cal.4th 780

Fareed CASSIM et al., Plaintiffs and Respondents, v. ALLSTATE INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of California.

As Modified on Denial of Rehearing October 13, 2004.

Attorney(s) appearing for the Case

Horvitz & Levy, Peter Abrahams, Nina E. Scholtz, Encino; Pollak, Vida & Fisher, Michael M. Pollak and Lawrence J. Sher, Los Angeles, for Defendant and Appellant.

Greines, Martin, Stein & Richland, Irving H. Greines, Feris M. Greenberger and Robert A. Olson, Los Angeles, for Truck Insurance Exchange, Farmers Insurance Exchange and Fire Insurance Exchange as Amici Curiae on behalf of Defendant and Appellant.

Dunn Koes, Pamela E. Dunn and Daniel J. Koes, Pasadena, for State Farm General Insurance Company and United Services Automobile Association as Amici Curiae on behalf of Defendant and Appellant.

Law Offices of Ian Herzog, Evan D. Marshall, Ian Herzog and Amy Ardell, Santa Monica, for Plaintiffs and Respondents.

Mannion & Lowe and E. Gerard Mannion, San Francisco, for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiffs and Respondents.

Law Office of Amy Bach and Amy Bach, San Francisco, for United Policyholders as Amicus Curiae on behalf of Plaintiffs and Respondents.

WERDEGAR, J.

In this case involving an insurance company's bad faith, the insureds' counsel engaged in a line of reasoning during closing argument to which the insurer's counsel objected. The trial court overruled the objection, and a verdict for the insureds resulted. A divided Court of Appeal reversed the judgment, finding the closing argument was prejudicial error. We consider on review whether the insureds' counsel...

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