What is the test for determining whether an insurance company has made a misrepresentation to a plaintiff in a dog bite case?

California, United States of America


The following excerpt is from Geraci v. United Services Automobile Assn., 188 Cal.App.3d 1245, 233 Cal.Rptr. 896 (Cal. App. 1987):

[188 Cal.App.3d 1250] Muraoka relied upon Regus v. Schartkoff (1957) 156 Cal.App.2d 382, 319 P.2d 721, a dog bite case. In Schartkoff, plaintiff alleged fraud on the part of the dog's owners' insurance company since the insurer made representations that it would settle the dispute without intending to do so, thereby inducing her to refrain from consulting an attorney or filing a suit until after the expiration of the applicable statute of limitations. (Id., at p. 386, 319 P.2d 721.)

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