Legal Opinion

State Farm Fire & Casualty Co. v. Superior Court

California Court of Appeal

Decided April 20, 1989No. H005389PublishedCited by 26 opinions

1Opinion of the Court

Opinion

CAPACCIOLI, J.

Petitioner State Farm Fire and Casualty Company (State Farm) seeks a writ of mandate pursuant to Code of Civil Procedure section 437c, subdivision (/), to compel the trial court to order entry of summary judgment in its favor based on the one-year period of limitations in the insurance policies which it issued to real parties in interest (collectively Bolek.) For reasons we shall state, we hold that summary judgment should have been granted.

Record

State Farm at different times issued three homeowners’ policies to Bolek. Each contained this limitations provision: “No action…

2Cases cited18 opinions

  1. United States v. KubrickSupreme Court of the United States · 1979
  2. Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
  3. April Enterprises, Inc. v. KTTVCalifornia Court of Appeal · 1983
  4. Sanchez v. South Hoover HospitalCalifornia Supreme Court · 1976
  5. Cahill v. Superior Court of S.F.California Supreme Court · 1904

13 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Norgart v. Upjohn Co.California Supreme Court · 1999
  2. Platt Pacific, Inc. v. AndelsonCalifornia Supreme Court · 1993
  3. Vu v. Prudential Property & Casualty InsuranceCalifornia Supreme Court · 2001
  4. Magnolia Square Homeowners Ass'n v. Safeco InsuranceCalifornia Court of Appeal · 1990
  5. Fire Insurance Exchange v. Superior CourtCalifornia Court of Appeal · 2004

21 more not listed; retrieve them via the Exa API.

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