Zurn Engineers v. Eagle Star Insurance

Opinion

THOMPSON, J.

The case at bench involves the bar of the statute of limitations of Insurance Code section 2071 requiring that an action on a fire or all risk policy of insurance be commenced within 12 months of the “inception of the loss.” In particular, action of the trial court granting an insurer’s motion for summary judgment must be tested by the meaning of the quoted phrase in the context of an all risk policy issued in “A.L.S. Contractor’s Installation or Builder’s Risk Form” where: (1) the policy specifically excludes from its coverage “loss or damage . . . caused by fault, defect,…