Does section 3291 of the California Motor Vehicle Code require prejudgment interest for personal injury damages?

California, United States of America


The following excerpt is from O'Hara v. Storer Communications, Inc., 231 Cal.App.3d 1101, 282 Cal.Rptr. 712 (Cal. App. 1991):

In Morin v. ABA Recovery Services, Inc. (1987) 195 Cal.App.3d 200, 240 Cal.Rptr. 509, this court held section 3291 mandates an award of prejudgment interest when the statutory conditions are met. In Morin, the jury returned a general verdict in favor of the plaintiff who had sought personal injury damages and other damages. We held section 3291 authorizes prejudgment interest only for the personal injury portion of a more general total recovery and remanded the case to the trial court to determine the amount of the verdict, if any, attributable to personal injury claims and award prejudgment interest accordingly.

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