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p0527 REVIEW DENIED In a bad faith action brought by the insured and his wife, an unapportioned offer of compromise made by the insurer to both of them did not satisfy the requirements of Code of Civil Procedure section 998 relating to enhanced costs; if an arbitrator awards damages greater than s/he was empowered to award, the appropriate remedy is to a petition to the trial court to vacate or correct the award, which must be filed within 100 days of the award, failure to seem that remedy prevents the argument from being made in an appeal from a judgment entered on the award.CitationWEINBERG v SAFECO (UM Arbitration) 114 Cal.App.4th 1075 [See: CCP 998, 1285.8; CivC 3291; Louise Gardens v Truck Ins 82 Cal.App.4th 648, T/AT 9/00; Caro v Smith 59 Cal.App.4th 725; Santantonio v Westinghouse 25 Cal.App.4th 102, T/AT 6/94; Vick v DaCorsi 110 Cal.App.4th 206, P/AT 9/03]
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