Vala v. Pacific Ins. Co., Ltd.

Under the rule announced today an insurer can process a claim without ever requesting a proof of loss from the insured, but still complain about the failure to submit a proof of loss once suit is filed. The majority holds the one-year period of limitations is not tolled during time charged to the insurer, the time while the insurer investigates the claim and considers what course of action it should take. I respectfully dissent. I would reverse the decision of the trial court dismissing this complaint and remand for further proceedings.

This case involves a policy period of limitations, a…