Legal Opinion
Conlin v. Del Mar Paving
Appellate Division of the Superior Court of California
Decided May 20, 1991No. Civ. A. No. 7209Published
1Opinion of the Court
Opinion
SMALLWOOD, J.
In this case we hold an insurer does not satisfy the notice requirement of Insurance Code section 11583 by placing this statement—“The Statute of Limitations for Any Physical Injury Claim Will Run One (1) Year From the Date of the Accident”—on the back of a draft tendered by it as a partial payment of a claim made against its insureds.
However, summary judgment was properly granted since the tolling of the statute of limitations caused by the lack of notice was insufficient to allow a complaint for personal injuries to be filed more than 15 months after the date of the…
2Cases cited7 opinions
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- Crane v. State Farm Fire & Casualty Co.California Supreme Court · 1971
- Stratton v. First National Life InsuranceCalifornia Court of Appeal · 1989
- Shields v. County of San DiegoCalifornia Court of Appeal · 1984
- Malinski v. Wegman's Nursery & Landscaping, Inc.California Court of Appeal · 1980
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