Ashou v. Liberty Mutual Fire Insurance

Opinion

CROSKEY, Acting P. J.

In Prudential-LMI Com. Insurance v. Superior Court (1990) 51 Cal.3d 674 [274 Cal.Rptr. 387, 798 P.2d 1230] (Prudential-LMI), the California Supreme Court held that the doctrine of equitable tolling applies to toll the statutory one-year suit provision in contracts of insurance. Under this doctrine, the one-year provision is tolled from the time the insured files a notice of claim to the time the insurer denies the claim. (Id. at p. 678.)

In this case, we consider whether an insurer’s reopening and reconsideration of an earthquake claim tolls the revived one-year…