San Jose Crane & Rigging, Inc. v. Lexington Insurance

Opinion

COTTLE, J.

Plaintiff insureds appeal from a judgment entered after the court granted defendant insurer’s motion for summary judgment. The sole issue on appeal is whether plaintiffs’ suit is barred by the one-year limitation clause contained in the parties’ insurance policy. We conclude that it is not.

In Prudential-LMI Com. Insurance v. Superior Court (1990) 51 Cal.3d 674 [274 Cal.Rptr. 387, 798 P.2d 1230], the Supreme Court held that in a first party progressive loss claim in the context of a homeowner’s insurance policy the one-year limitation period should be tolled from the date…