Hulett
Hulett v. Farmers Insurance Exchange
Opinion
Opinion
Spencer, J.
Introduction
Plaintiff Mary Hulett appeals from a summary judgment in favor of defendant Farmers Insurance Exchange (erroneously sued as “Farmers Insurance Company”) and orders denying her motions for reconsideration and a new trial.
Statement of Facts
On December 13, 1983, plaintiff’s automobile was rear-ended by an automobile driven by Gilda Mavaddat (Mavaddat). Plaintiff, as a result, sustained serious injuries for which she required medical treatment.
Mavaddat was insured by defendant under a policy with limits of $15,000/ $30,000. On April 25, 1984, plaintiff made a written offer to settle and compromise her claim against Mavaddat by requesting the policy limits of her automobile insurance policy. In response, on July 9, 1984, defendant rejected plaintiff’s offer to settle the claim and specifically denied that plaintiff’s injuries were equal to the limits of the $15,000/$30,000 insurance policy. Instead, it offered her $8,500 to settle the case. Defendant repeated that offer in a letter dated August 2, 1984.
Plaintiff filed an action against Mavaddat on August 9,1984. On February 6, 1985, Mavaddat’s attorney wrote to plaintiff’s counsel informing him Mavaddat…