Burns
Burns v. 20th Century Insurance
Opinion
Opinion
Woods, J.
I.
Introduction
Plaintiff and appellant, Rose Ann Burns (Burns), sued her insurance company, defendant and respondent 20th Century Insurance Company (20th Century), for bad faith, alleging 20th Century unreasonably delayed paying her uninsured motorist claim. Following a four-week trial, the jury returned a verdict in favor of 20th Century.
Burns does not raise a substantial evidence issue on appeal. Her appeal centers around three purported errors committed by the trial court.
First, Burns contends the trial court abused its discretion in denying her new trial motion based on juror misconduct. In support of her motion for new trial, Burns submitted two declarations from her attorney’s investigator which purported to recount conversations the investigator had with two jurors regarding their deliberations. No juror declarations were submitted in support of the new trial motion.
Second, Burns contends the trial court abused its discretion by denying her motion for a blanket exclusion from the jury panel of all jurors insured by 20th Century. The motion was made by Burns without having exhausted her peremptory challenges at trial.