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GOURLEY v. STATE FARM MUT. AUTO. INS. CO.

Docket No. S014133.

53 Cal.3d 121 (1991)

806 P.2d 1342

279 Cal. Rptr. 307

JULIE GOURLEY, Plaintiff and Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of California.

March 28, 1991.

Attorney(s) appearing for the Case

COUNSEL

Hill, Genson, Even, Crandall & Wade, Horvitz, Levy & Amerian, Horvitz & Levy, Ellis J. Horvitz, David M. Axelrad and Peter Abrahams for Defendant and Appellant.

Wylie A. Aitken and Wayne J. Austero for Plaintiff and Respondent.

Ian Herzog, Douglas Devries, Leonard Sachs, Bruce Broillet, David Harney, Laurence Drivon, Robert Steinberg, Roland Wrinkle, Harry R. Levine, Leonard Esquina, Evan D. Marshall and Hugh Hafif as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

LUCAS, C.J.

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...

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