Irene R. Kelian
Insurance · Glendale · Los Angeles County
Bar #321811 · Admitted 2018
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Indexed from official State Bar of California records · Identity verification · Updated regularly
Answer FileInsurance
Generally no. California bars third-party claimants from suing the at-fault driver's insurer directly for mishandling a claim (Moradi-Shalal v. Fireman's Fund (1988) 46 Cal.3d 287); the lawsuit runs against the driver. After winning a judgment, Insurance Code section 11580(b)(2) lets the injured party collect from the insurer up to policy limits.
The other driver's insurer owes its duties to its own policyholder, not to you. In Moradi-Shalal v. Fireman's Fund (1988) 46 Cal.3d 287, the California Supreme Court closed the door on third-party bad faith suits: a person injured by someone else's insured cannot sue that insurer directly for unfair claims practices, however badly the claim was handled. The correct defendant is the at-fault driver, under the two-year personal injury deadline of Code of Civil Procedure section 335.1; the insurer defends and pays behind the scenes. The insurer becomes a direct defendant only later: once judgment is entered against its insured, Insurance Code section 11580(b)(2) gives the judgment creditor a direct action to collect within policy limits. Claim mishandling still has consequences: Department of Insurance complaints are available, an unreasonable refusal to settle within limits can expose the insurer to the excess judgment, and your own carrier (on uninsured motorist, collision, or medical payments coverage) owes you good-faith handling, enforceable in a first-party bad faith action.
Authority: Moradi-Shalal v. Fireman's Fund (1988) 46 Cal.3d 287
Source: Moradi-Shalal v. Fireman's Fund (1988) 46 Cal.3d 287 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.
Insurance · Glendale · Los Angeles County
Bar #321811 · Admitted 2018
Identity verified · View the record →
Insurance · Bakersfield · Kern County
Bar #362543 · Admitted 2025
Taking new clients (attorney stated)
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Insurance · Pittsburgh · Non-California County
Bar #316775 · Admitted 2017
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Insurance · Newport Beach · Orange County
Bar #195734 · Admitted 1998
3 published opinions on record
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Insurance · Cardiff · San Diego County
Bar #147551 · Admitted 1990
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Insurance · Irvine · Orange County
Bar #363544 · Admitted 2025
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Insurance · Los Angeles · Los Angeles County
Bar #309043 · Admitted 2016
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Insurance · Sacramento · Sacramento County
Bar #91593 · Admitted 1980
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