Ilija and Branka Mitic - Page 6




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            January 24, 1995.  That letter stated in pertinent part:                                   
                  We believe the Actual Cash Value of the involved 1989                                
                  Mercedes is $40,086.  To this figure we add sales tax,                               
                  $3,307.10, pro-rated license fees, $89.00, and subtract                              
                  the deductible, $200.00.  This gives us a figure of                                  
                  $43,282.10.                                                                          
                     *       *       *       *       *       *       *                                 
                  We will continue to handle the claim pursuant to the                                 
                  California Code of Regulations, Title 10. [sic] Chapter                              
                  5, Subchapter 7.5, Section 2695.8.                                                   
            By letter dated January 27, 1995, Mr. Perez asked State Farm to                            
            issue a check payable to petitioners in the total amount of                                
            $43,282.10 and stated that petitioners “will continue to keep the                          
            claim open to determine if * * * [they] are entitled to more.”                             
                  By check dated February 2, 1995, State Farm sent petitioners                         
            $43,282.10 in settlement of the automobile damage claim.  By                               
            letter dated March 8, 1995, Mr. Perez notified State Farm that                             
            petitioners were unable to purchase an automobile that was                                 
            comparable to Mr. Mitic’s Mercedes for the amount of State Farm’s                          
            settlement offer and asked State Farm to reopen the automobile                             
            damage claim.  By letter dated March 28, 1995, State Farm in-                              
            formed Mr. Perez that, based on further investigation, “the                                
            settlement amount of $40,086.00 (base selling price), plus sales                           
            tax and pro-rated DMV fees which we paid for your clients’ car is                          
            fair and reasonable.”                                                                      
                  At no time in 1994 and 1995 during the negotiations between                          
            State Farm and Mr. Perez with respect to the automobile damage                             






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