Village Northridge Homeowners Assn. v. State Farm Fire & Casualty Co

In Village Northridge Homeowners Assn. v. State Farm Fire & Casualty Co. (2010) 50 Cal.4th 913, an insured settled a disputed insurance claim with its first party insurer, executed a full and complete release of the claim, kept the money the insurer paid in the claim settlement without rescinding the release, and then sued the same insurer for allegedly fraudulently inducing the insured to settle the claim for less than it was worth under the policy. (Ibid.) The California Supreme Court held "that a release of a disputed claim does not permit a party to elect the remedy of a suit for damages when the release itself bars that option. Instead, the insured party to the release must follow the rules governing rescission of that release before suing the insurer for damages." (Id. at pp. 917-918.)