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PILIMAI v. FARMERS INS. EXCHANGE CO.

No. S133850.

45 Cal.Rptr.3d 760 (2006)

39 Cal.4th 133

137 P.3d 939

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

Supreme Court of California.

July 13, 2006.

Attorney(s) appearing for the Case

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

Frank M. Pitre, Burlingame, and Steven G. Ingram, for the Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Appellant.

Rust, Armenis, Schwartz, Lamb & Bills, Brian Turner; Horvitz & Levy, David M. Axelrad, Daniel J. Gonzalez, Encino; King Warwick & Sanders and Michael A. King, for Defendant and Respondent.

Ropers, Majeski, Kohn & Bentley, Mark G. Bonino and Benjamin R. Larson, San Jose, for State Farm Mutual Automobile Insurance Company as Amicus Curiae on behalf of Defendant and Respondent.

Coddington, Hicks & Danforth, Richard G. Grotch and R. Wardell Loveland, Redwood City, as Amici Curiae on behalf of Defendant and Respondent.

MORENO, J.

This case presents several questions regarding whether a party to an uninsured motorist arbitration pursuant to Insurance Code section 11580.2 is eligible to recover costs and prejudgment interest. Specifically, we are asked to decide (1) whether the cost-shifting provisions of Code of Civil Procedure section 998 apply to such arbitrations; (2) whether the award of such costs, together with the arbitration award, can exceed an insurer's "maximum liability...

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