Can a plaintiff bring an action under Insurance Code section 790.03 against an insurer for breach of the Insurance Code?

1 That means of enforcement has since been removed by Moradi-Shalal v. Fireman's Fund Ins. Companies (1988) 46 Cal.3d 287, 250 Cal.Rptr. 116, 758 P.2d 58, holding Insurance Code section 790.03 does not create a private right of action against an insurer for violation of its provisions. (At p. 304, 250 Cal.Rptr. 116, 758 P.2d 58.) Application of Moradi-Shalal was made prospective only, allowing actions brought under Insurance Code section 790.03 filed before the opinion became final, as the parties agree this one was, to proceed. (46 Cal.3d at p. 305, 250 Cal.Rptr. 116, 758 P.2d 58.)