(Download) "Gourley V. State Farm Mutual Automobile Insurance Co." by Supreme Court Of California # eBook PDF Kindle ePub Free
eBook details
- Title: Gourley V. State Farm Mutual Automobile Insurance Co.
- Author : Supreme Court Of California
- Release Date : January 28, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
We granted review to resolve an issue that has engendered conflicting appellate decisions: whether a plaintiff is entitled to receive prejudgment interest under Civil Code section 3291 (hereafter section 3291) on an award of compensatory and punitive damages for an insurer's breach of the implied covenant of good faith and fair dealing. Section 3291 allows the plaintiff in "any action brought to recover damages for personal injury sustained by any person resulting from or occasioned by the tort of any other person, corporation, association, or partnership" (italics added) to claim 10 percent interest on the damages awarded if the plaintiff's offer to compromise pursuant to Code of Civil Procedure section 998 is rejected by defendant and plaintiff obtains a judgment in excess of plaintiff's Code of Civil Procedure section 998 offer. In the present case, the Court of Appeal affirmed the trial court's award of section 3291 interest on plaintiff Julie Gourley's judgment for compensatory and punitive damages against State Farm Mutual Automobile Insurance Company (State Farm), after deciding that an action for bad faith was an action "brought to recover damages for personal injury" under the statute.
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