Taylor

Plaintiff Polly Taylor (Taylor) appeals from a summary judgment granted in favor of defendant California State Automobile Association (CSAA). The amended complaint charged CSAA with violation of section 790.03, subdivision (h)(5), of the Unfair Practices Act contained in Insurance Code sections 790 through 790.10. An additional cause of action for intentional or negligent infliction of emotional distress was also pleaded. We affirm the judgment.

Taylor’s first amended complaint alleges she was walking across 18th Street at Guerrero Street in San Francisco when an automobile operated negligently by an individual, insured by CSAA, collided with her and that as a result of the accident she incurred special damages of $9,768.57. She also alleges CSAA was “aware of facts demonstrating the insuredsf] clear liability as early as spring 1982.” The complaint recites she made a policy limit demand of $25,000 in April of 1982 which CSAA countered with an offer of $13,000, later raised to $15,000. One and one-half business days before the trial date, CSAA offered $20,000 and finally agreed on the policy limit of $25,000.

CSAA eventually moved for summary judgment contending, in…