Lambert v. Carneghi, et al.
Jan 11, 2008OUTCOME: Appeal Settled
Appellants Winston and Elaine Lambert sued respondents Chris Carneghi and Robert Dailey for negligence over their alleged failure to adequately advance their position in a fire insurance appraisal proc ... eeding pursuant to Insurance Code section 2071 (section 2071). The trial court sustained respondents' demurrers, and appellants appealed from the subsequent judgments. The Court concluded that an appraisal proceeding pursuant to section 2071 is an arbitration, and that respondent Carneghi was immune from suit over his role as an appraiser. However, the Court found that the litigation privilege (Civ.Code, § 47, subd. (b)) did not protect respondent Dailey from suit over his role as an expert hired by appellants. - See more at: http://caselaw.findlaw.com/ca-court-of-appeal/1452237.html#sthash.xQZmX5hG.dpuf
