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CHANDLER v. STATE FARM MUT. AUTO. INS. CO.

Case No. CV 08-03184 GAF (Ex).

596 F.Supp.2d 1314 (2008)

Stuart CHANDLER, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

United States District Court, C.D. California.

December 29, 2008.

Attorney(s) appearing for the Case

Darcy R. Harris, Don Howarth, Suzelle M. Smith, Howarth & Smith, Los Angeles, CA, David Michael Medby, Stephen M. Garcia, Garcia Law Firm, Long Beach, CA, for Plaintiff.

Jacqueline M. Jauregui, Kevin J. Dunne, Sedgwick Detert Moran And Arnold LLP, Los Angeles, CA, for Defendant.

ORDER & MEMORANDUM REGARDING MOTION TO DISMISS

GARY ALLEN FEESS, Judge.

I. INTRODUCTION

This putative class action presents the Court with the question whether an insurer is permitted to recoup a payout from a third-party tortfeasor's insurance company before the insured has sued the third-party tortfeasor, and without first making the insured whole. Plaintiff Stuart Chandler purchased from defendant State Farm Mutual Auto Insurance Company...

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