Wade

Plaintiff, Elfie Wade, appeals from a judgment of dismissal entered after a demurrer to her complaint was sustained without leave to amend.

Plaintiff’s complaint sought both compensatory and punitive damages against 20th Century Insurance Company for its allegedly unfair settlement practices, in violation of Insurance Code section 790.03, subdivision (h), and against Bollington, Stilz & Bloeser, counsel for 20th Century during the settlement negotiations, for conspiracy.

Assuming the truth of plaintiff’s allegations, on July 27, 1984, plaintiff was involved in a motor vehicle accident allegedly caused by Michael Terrones, 20th Century’s insured. On August 10, 1984, plaintiff filed a claim against Terrones with 20th Century. The claim, although originally accepted by 20th Century, was eventually denied some eight months later, prompting plaintiff to file suit against Terrones.

On July 22, 1986, pursuant to Code of Civil Procedure section 998, 20th Century offered plaintiff $16,000 in settlement of her claim against its insured. On August 14, 1986, plaintiff filed a “Notice of Acceptance of Offer to Compromise” with the superior court containing the following language:…