(DOWNLOAD) "Prudential-Lmi Commercial Insurance V. Superior Court Of San Diego County" by Supreme Court Of California " Book PDF Kindle ePub Free
eBook details
- Title: Prudential-Lmi Commercial Insurance V. Superior Court Of San Diego County
- Author : Supreme Court Of California
- Release Date : January 01, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 99 KB
Description
Petitioner Prudential-LMI Commercial Insurance (Prudential) and real parties in interest (plaintiffs) each seek review of a Court of Appeal decision issuing a writ of mandate directing summary judgment in favor of Prudential. The action involves progressive property damage to an apartment house owned by plaintiffs and insured over the years by successive insurers, including Prudential. We granted review to address three issues: (i) when does the standard one-year limitation period (hereafter one-year suit provision) contained in all fire policies (pursuant to Ins. Code, § 2071)*fn1 begin to run in a progressive property damage case; (ii) should a rule of equitable tolling be imposed to postpone the running of the one-year suit provision from the date notice of loss is given to the insurer until formal denial of the claim; and (iii) when there are successive insurers, who is responsible for indemnifying the insured for a covered loss when the loss is not discovered until several years after it commences? The last issue can be resolved by placing responsibility on (a) the insurer insuring the risk at the time the damage began, (b) the insurer insuring the risk at the time the damage manifested itself, or (c) all insurers on the risk, under an allocation (or exposure) theory of recovery.