# Arenson v. National Automobile & Casualty Insurance

> California Supreme Court · May 10, 1957 · 48 Cal. 2d 528

URL: https://www.frixlaw.com/law-library/cases/9792204

## Case

- **Full name:** IRVING ARENSON, Appellant, v. NATIONAL AUTOMOBILE AND CASUALTY INSURANCE COMPANY (A Corporation), Respondent
- **Court:** California Supreme Court
- **Decided:** May 10, 1957
- **Citations:** 48 Cal. 2d 528; 310 P.2d 961; 1957 Cal. LEXIS 202
- **Precedential status:** Published
- **Opinion:** Dissent by Spence
- **Judges:** Schauer, Spence
- **Cited by:** 49 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9792204

## How later opinions describe it (automated extraction)

- holding that the *1157 insurer was liable for the insured’s attorneys’ fees and costs where the attorney testified that he had incurred charges in the matter and billed the insured, even though the attorney had not yet been paid
- holding that the insurer was liable for the insured’s attorneys’ fees and costs where the attorney testified that he had incurred charges in the matter and billed the insured, even though the attorney had not yet been paid
- noting that “ ‘An insurer’s unwarranted refusal to defend a suit against the insured has been held to relieve the latter from his contract obligation to leave the management of such suits to the insurer, and to justify him in defending the action on his own account.’ ”

## Opinion text

SPENCE, J.
I dissent.
My views are in accord with those expressed in the opinion of the District Court of Appeal written by Mr. Justice Ash-burn. (Ar enson v. National Auto. & Cas. Co., (Cal.App.) 302 P.2d 877 .) I would therefore modify and affirm the judgment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9792204. Public record. Not legal advice.