Elmer E. Haury and Hazel Kelly v. Allstate Insurance Company

BREITENSTEIN, Circuit Judge.

In this diversity action the issue is whether proceedings in New Mexico on an insurance policy are barred by a California statute of limitations. The district court held that they were barred and granted summary judgment for the appellee-defendant Allstate Insurance Company.

The insuror, an Illinois corporation, issued an automobile policy to appellant Haury, a California resident. The policy was written, and the premiums paid, in California. The policy contained an uninsured-motorists provision whereby the insured was entitled to receive from the insuror all sums…