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In Silberg v. California Life Ins. Co., 11 Cal. 3d 452 (1974), the insurer advertised an accident policy with the phrase “Protect Yourself Against the Medical Bills That Can Ruin You.” It issued an accident policy to Mr. Silberg. The policy excluded injuries covered by workers’ compensation. Silberg was injured while performing incidental services at his place of employment. His employer’s compensation carrier denied coverage. Mr. Silberg found himself with substantial medical bills which California Life also refused to pay.

In Egan v. Mutual of Omaha Insurance Company Egan was allowed to retain both compensatory and punitive damages as a result of the bad faith conduct of the insurer since he was able to prove the four elements required by the Supreme Court because the insurer wrongfully accused him of fraud and cut off his disability payments.