Kransco v. American Empire Surplus Lines Ins. Co

In Kransco v. American Empire Surplus Lines Ins. Co. (2000) 23 Cal.4th 390, the California Supreme Court held that an insured's comparative bad faith--namely, an insured's breach of the covenant of good faith and fair dealing--is not a defense in a bad faith action brought by an insured against the insurer. ( Id. at pp. 402, 408.) The Kransco court did not hold that evidence of an insured's misconduct is always inadmissible. To the contrary, the court noted that such evidence might be admissible to show, for example, that the insurer acted reasonably under the circumstances. (Ibid.)