Legal Opinion
Abraugh v. Gillespie
California Court of Appeal
Decided August 1, 1988No. C001210PublishedCited by 8 opinions
1Opinion of the Court
Opinion
CARR, J.
In this appeal we determine that excusable neglect is not a basis for relief from the late filing of a claim against an insolvent insurer pursuant to Insurance Code section 1021 1 and that section 473, Code of Civil Procedure is not applicable to such claims.
Petitioner Tami Lynn Abraugh appeals from an order of the superior court denying mandate to compel the Insurance Commissioner (the Commissioner), as liquidator of Cal-Farm Insurance Company (Cal-Farm), to permit the late filing of her claim for injuries sustained in an automobile accident. She contends the trial court erred…
2Cases cited5 opinions
- Middleton v. Imperial InsuranceCalifornia Supreme Court · 1983
- Kinder v. Pacific Public Carriers Co-Op, Inc.California Court of Appeal · 1980
- Bunner v. Imperial InsuranceCalifornia Court of Appeal · 1986
- Carpenter v. Eureka Casualty Co.California Court of Appeal · 1936
- Carpenter v. Coast Surety Corp.California Court of Appeal · 1938
3Cited by8 opinions
- Garamendi v. Golden Eagle InsuranceCalifornia Court of Appeal · 2005
- Low v. Golden Eagle InsuranceCalifornia Court of Appeal · 2002
- LeBlanc v. BernardLouisiana Court of Appeal · 1989
- Whitehouse v. Rumford Property & Liability InsuranceSupreme Court of Rhode Island · 1995
- Garamendi v. Mission InsuranceCalifornia Court of Appeal · 1993
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