JESUS CERVANTES, Plaintiff and Appellant, v. GREAT AMERICAN INSURANCE COMPANY, Defendant and Respondent. Although the injury required medical care, including surgery, Great American refused to pay or extend Cervantes any benefits. Otherwise, Great American neither requested to [140 Cal. App. 3d 766] have Cervantes examined by a physician of its choice nor contacted Cervantes' treating physician. When Cervantes refused to settle, Great American then paid the award in full. Great American contends, because Cervantes alleged physical as well as mental and emotional injuries, that his suit for intentional infliction of emotional distress is barred.

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