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Moriarity & Associates and John L. Moriarity for Plaintiff and Appellant.
No appearance on behalf of Defendant and Respondent.
Plaintiff, John Clement, was injured in an automobile collision. He filed, but later dismissed, a personal injury action against others involved in the accident. This case arises out of a contractual uninsured motorist arbitration proceeding between plaintiff and his insurer, defendant, Geico General Insurance Company. (Ins. Code, § 11580.2.) Prior to the arbitration, plaintiff served on defendant a Code of Civil Procedure section 998 offer to compromise for $9,999. Defendant rejected the offer. The arbitrator subsequently awarded plaintiff the $30,000 uninsured motorist policy limit. An April 5, 2006 judgment was entered in conformity with the arbitrator's award. Plaintiff then sought an award of costs. On June 14, 2006, the trial court denied plaintiff's motion for costs and granted defendant's motion to tax costs. The trial court ordered, â€
Description
Plaintiff, was injured in an automobile collision. He filed, but later dismissed, a personal injury action against others involved in the accident. This case arises out of a contractual uninsured motorist arbitration proceeding between plaintiff and his insurer, defendant, Geico General Insurance Company. (Ins. Code, S 11580.2.) Prior to the arbitration, plaintiff served on defendant a Code of Civil Procedure section 998 offer to compromise for $9,999. Defendant rejected the offer. The arbitrator subsequently awarded plaintiff the $30,000 uninsured motorist policy limit. An April 5, 2006 judgment was entered in conformity with the arbitrator's award. Plaintiff then sought an award of costs. On June 14, 2006, the trial court denied plaintiff's motion for costs and granted defendant's motion to tax costs. The trial court ordered, "No costs are allowed." The trial court found this "was an ordinary uninsured motorist arbitration pursuant to the Insurance Code," and plaintiff had not cited any authority for an award of costs. The trial court also held, insofar as plaintiff requested costs incurred in his dismissed personal injury action, "[C]osts incurred in a civil action are not attributable to the insurer in a separate [uninsured motorist] proceeding." Plaintiff filed a timely notice of appeal from the order denying costs. Plaintiff has not raised any issue on appeal specific to the trial court's denial of costs incurred in connection with the dismissed personal injury complaint.
The June 14, 2006 order denying costs is reversed. On remand, the trial court is to determine the proper cost award in favor of plaintiff, John Clements, consistent with Pilimai v. Farmers Ins. Exchange Co., supra, 39 Cal.4th at pages 139-151. Plaintiff is to recover his costs on appeal from defendant, Geico General Insurance Company.
