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PILIMAI v. FARMERS INS. EXCHANGE CO.

No. C047483.

26 Cal.Rptr.3d 383 (2005)

Isofea PILIMAI, Plaintiff and Appellant, v. FARMERS INSURANCE EXCHANGE COMPANY, Defendant and Respondent.

Court of Appeals of California, Third District.

Review Granted July 13, 2005.

Attorney(s) appearing for the Case

Clayeo C. Arnold and Anthony M. Ontiveros, Sacramento; and Leslie M. Mitchell for Plaintiff and Appellant.

Rust, Armenis, Schwartz, Lamb & Bills and Brian Turner for Defendant and Respondent.

ROBIE, J.

Is an insurance company in an uninsured motorist arbitration subject to the penalties provided in Code of Civil Procedure1 section 998 and Civil Code section 3291 based on its refusal to accept a section 998 settlement demand within its policy limits when compensatory damages awarded in the arbitration meet or exceed its policy limits? Yes. The explicit language of section 998...

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