Pilimai v. Farmers Insurance Exchange Co.

Opinion

MORENO, J.

This case presents several questions regarding whether a party to an uninsured motorist arbitration pursuant to Insurance Code section 11580.2 is eligible to recover costs and prejudgment interest. Specifically, we are asked to decide (1) whether the cost-shifting provisions of Code of Civil Procedure section 998 apply to such arbitrations; (2) whether the award of such costs, together with the arbitration award, can exceed an insurer’s “maximum liability” under Insurance Code section 11580,2, subdivision (p)(4), which “shall not exceed the insured’s underinsured motorist…