- Acumen Powered by Robins Kaplan LLP®
- Affirmative Recovery
- American Indian Law and Policy
- Antitrust and Trade Regulation
- Appellate Advocacy and Guidance
- Business Litigation
- Civil Rights and Police Misconduct
- Class Action Litigation
- Commercial/Project Finance and Real Estate
- Corporate Governance and Special Situations
- Corporate Restructuring and Bankruptcy
- Domestic and International Arbitration
- Health Care Litigation
- Insurance and Catastrophic Loss
- Intellectual Property and Technology Litigation
- Mass Tort Attorneys
- Medical Malpractice Attorneys
- Personal Injury Attorneys
- Telecommunications Litigation and Arbitration
- Wealth Planning, Administration, and Fiduciary Disputes
Acumen Powered by Robins Kaplan LLP®
Ediscovery, Applied Science and Economics, and Litigation Support Solutions
June 6, 2023Super Lawyers Names Five Attorneys to “Southern California Rising Stars” List
June 1, 2023Chambers USA Recognizes Five Robins Kaplan Practice Groups and 17 Lawyers in 2023 Guide
May 2023Robins Kaplan LLP Celebrates 85 Years
June 9, 2023LGBTQ Legal Services: Transgender Name Change Clinic
June 13, 20232023 Probate and Trust Law Section Conference
June 14, 2023Leading Through Uncertainty
May 2023Raoul Shah: Keeping Humanity and Compassion Close
May 18, 2023NFT Trademark Defense Comes Down To Licensing Terms
April 20, 2023Drafting Subsequent Agreements to Avoid Arbitrability Litigation
September 16, 2022Uber Company Systems Compromised by Widespread Cyber Hack
September 15, 2022US Averts Rail Workers Strike With Last-Minute Tentative Deal
September 14, 2022Hotter-Than-Expected August Inflation Prompts Massive Wall Street Selloff
Find additional firm contact information for press inquiries.
Find resources to help navigate legal and business complexities.
The Suit Limitation Defense in California: Ten Years After Prudential LMI
March 1, 2001
Reprinted with permission by the Journal of Insurance Coverage.
Most property insurance policies include a suit limitation provision that requires the insured to commence suit against the insurer within a certain period of time, usually one or two years, after the date of loss. 1 Ten years ago, the California Supreme Court was faced with the question of when the suit limitation period in a homeowners' policy begins to run in a continuous and progressive property loss case. In Prudential-LMI Insurance Co. v. Superior Court,2 the court held that the suit limitation period begins to run at that point in time when appreciable damage occurs and is or should be known to the insured, such that a reasonable insured would be aware that its notification duty under the policy was triggered. 3 The court then held that the suit limitation period is tolled from the time the insured gives notice of the loss to the insurer until the insurer formally denies liability.4
After this article went to press, the California Legislature enacted a statute that revived certain time-barred claims for damages arising out of the 1994 Northridge earthquake.
1. See generally Harold H. Reader & Herbert P. Polk, The One-Year Suit Limitation in Fire Insurance Policies: Challenges and Counterpunches, 19 The Forum 24 (1983).
2. Prudential-LMI Insurance Co. v. Superior Court, 798 P.2d 1230 (Cal. 1990).
3. Id. at 1232.
The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.
Damned if You Don’t
In Times of Crisis:
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.