Blevin v. Coastal Surgical Institute

Opinion

YEGAN, J.

Insurance Code section 11583 (section 11583) provides that the applicable statute of limitations is tolled when advance or partial payment is made to an injured and unrepresented person without notifying him of the applicable limitations period. In this first-impression case we hold that the tolling provisions of section 11583 apply to the one-year limitations period for medical malpractice actions.

Coastal Surgical Institute appeals from the judgment entered after a jury returned a verdict in favor of respondent. It contends that the trial court erroneously determined that…