Dana Steinhauer v. Vita Costa (20th Century Insurance Company)
Published: Jan. 6, 1996 | Result Date: Dec. 6, 1995 | Filing Date: Jan. 1, 1900 |Case number: LC017630 – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Christopher E. Angelo
( Angelo & DiMonda)
Defendant
Facts
On April 12, 1992, the defendant, Vita Costa, ran a red light and turned left in front of the plaintiff, Dana Steinhauer, a 24-year-old student. Costa had a $100,000 (per person) automobile liability policy with the defendant, 20th Century Insurance Company ("20th Century"). On July 21, 1992, the plaintiff's then attorney made a policy limits demand of $100,000, which demand was extended until August 7, 1992. The defendant and her insurer alleged that it accepted the policy limits demand on August 6, 1992, and confirmed the acceptance in writing on August 7, 1992. The plaintiff alleged that the acceptance was defective because the defendant, 20th Century, did not include requested information regarding the lack of assets available for execution and no information was given concerning whether the defendant, Costa, had an excess or umbrella insurance policy. The defendants admitted liability for the accident but alleged that the plaintiff was barred by the $100,000 settlement. The settlement issue was bifurcated by the court.
Settlement Discussions
The plaintiff made a C.C.P. º998 demand of $295,000 in September, 1993. The defendant offered the $100,000 policy limits on August 6, 1992.
Injuries
Fracture of the fibula and tibia of the left leg requiring open reduction and rodding. Subsequent surgeries for damage to plaintiff's knee and to remove the rod. A third procedure will be required to remove the bone bridge between the fibula and tibia. Permanent residual problems with the plaintiff's leg.
Deliberation
45 minutes
Poll
10-2
Length
5 days
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