On January 8, 2009, the Court of Appeal (Fourth Appellate District, Division One) granted rehearing after the parties filed a stipulation "for the court to grant rehearing on own motion to facilitate settlement." Troyk v. Farmers Group, Inc., no. D049983. Under Rule of Court 8.1105(e)(1), the opinion, previously published at 168 Cal.App.4th 1337 (2008), is no longer citable as precedent.
Here is my original, brief post on Troyk. I was planning to write another post with more thoughts on the decision, but now there seems to be little need. I have seen no news reports about a settlement in this case.