Shinault v. MID-CENTURY INSURANCE COMPANY

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that section 3629 “imposes the loss of any chance for attorney fees on the insurer as a sanction” for the failure to submit a written offer of settlement or rejection within 90 days of its receipt of proof of loss
• “The insured ... is the prevailing party when the judgment is more than any settlement offer that was made, or when the insured receives a judgment when the insurer has rejected the claim.”
• “The insurer is the prevailing party only when the judgment is less than any settlement offer that was tendered to the insured, or when the insure[r] rejects the claim and no judgment is awarded.”

Source: CourtListener parenthetical corpus (CC0).