SC125376
KALILI v. AAA
Defendant Interinsurance Exchange of the Automobile Club’s Motion for Summary Judgment is GRANTED.
ANALYSIS:
Defendant’s Position
Defendant moves for summary judgment on grounds that the action is barred by the 1-year contractual limitations period in the insurance policy. The insurance policy states, “legal action may not be brought against us under Part I unless the action is stated within one year after the date of loss.” This contractual limitations period is in line with the California Standard Form Fire Insurance Policy mandated by Insurance Code §2071, which provides as follows: “No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all requirements of this policy shall have complied with, and unless commenced within 12 months next after inception of the loss.”
The limitations is tolled while the claim is being investigated. Tolling ceases after a claim is either denied fully or fully
Hearing Date
June 01, 2018
Type
Ins Coverage (not Complex) (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
SC125376
KALILI v. AAA
Defendant Interinsurance Exchange of the Automobile Club’s Motion for Summary Judgment is GRANTED.
ANALYSIS:
Defendant’s Position
Defendant moves for summary judgment on grounds that the action is barred by the 1-year contractual limitations period in the insurance policy. The insurance policy states, “legal action may not be brought against us under Part I unless the action is stated within one year after the date of loss.” This contractual limitations period is in line with the California Standard Form Fire Insurance Policy mandated by Insurance Code §2071, which provides as follows: “No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all requirements of this policy shall have complied with, and unless commenced within 12 months next after inception of the loss.”
The limitations is tolled while the claim is being investigated. Tolling ceases after a claim is either denied fully or fully