Glassman

Glassman v. Safeco Ins. Co. of Am.

Good Law

Court of Appeal of CaliforniaApril 28, 2023H049825California16,159 words

Opinion

Filed 4/28/23

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

SHERRY A. GLASSMAN, H049825

(Santa Clara County Super. Ct. Plaintiff and Appellant, No. 21CV383782)

SAFECO INSURANCE COMPANY

OF AMERICA,

Defendant and Respondent.

Civil Code section 3291 1 addresses prejudgment interest in actions for personal injuries. It expressly incorporates the provisions of Code of Civil Procedure section 998 (CCP section 998), adding interest from the date of the offer as a recoverable item, claimed as a cost as opposed to an element of damages, if a plaintiff makes a CCP section 998 offer that the defendant does not accept, and the plaintiff ultimately obtains a more favorable judgment. (Steinfeld v. Foote-Goldman Proctologic Medical Group, Inc. (1997) 60 Cal.App.4th 13, 18 (Steinfeld).) In Pilimai v. Farmers Insurance Exchange Co. (2006) 39 Cal.4th 133 (Pilimai), the California Supreme Court held that

1Except as otherwise noted, further unspecified statutory references are to the Civil Code. uninsured motorist (UIM) 2 proceedings are not actions for personal injury sounding in tort to which section…

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Parties

Glassman
Plaintiff
Safeco Ins. Co. of Am.
Defendant

Cites (61)

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39 Cal. 4th 133
205 Cal. App. 4th 140
14 Cal. App. 4th 1770
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