Continental Insurance v. Superior Court

Opinion

SCOTT, Acting P. J.

This petition challenges denial of a motion for summary judgment. By the motion, Continental Insurance Company sought a ruling that the complaint against it was barred by the one-year limitation period in its insurance contract. The trial court denied the motion on the ground that “the date from which contracted one year requirement to sue begins is [a] factual issue.” Without reaching the merits of the trial court’s ruling, we vacate the court order for failure to comply with a recent amendment to Code of Civil Procedure section 437c.

Section 437c, as the result of a…