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California Civil Procedure, Keyed to Levine, 6th Ed.
Moradi-Shalal v. Fireman’s Fund Insurance Companies
Citation:
46 Cal. 3d 287, 250 Cal. Rptr. 116, 758 P.2d 58 (1988)Facts
In July 1983, plaintiff Parvaneh Moradi-Shalal was injured when a vehicle driven by defendant Fireman’s Fund Insurance Companies’ insured struck her vehicle. In April 1984, plaintiff’s attorneys submitted evidence of damages to defendant and requested settlement of the claim against the insured. Despite receiving no acknowledgment or response, plaintiff’s attorneys wrote again in June 1984, reserving rights under Royal Globe. Plaintiff sued the insured on June 21, 1984. Five months after initial contact with the insurer, plaintiff settled the underlying action in September for $1,800 less than her original demand, and the action against the insured was dismissed with prejudice. Plaintiff then filed suit against defendant insurer alleging violations of Insurance Code section 790.03, subdivisions (h)(2), (3), and (5), seeking compensatory damages and $750,000 in punitive damages.
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