California Supreme Court December 31, 1985, S.F. 24813 (White v. Western Title Insurance)

KAUS, J.,* Concurring and Dissenting.—I

I concur generally in Justice Lucas’ concurring and dissenting opinion. In most cases, once the insured has started to litigate, the evidence of bad faith which a stingy offer may permit is submerged by the strategic and tactical maneuvers—the gamesmanship-generated by the suit.