Cases

Wannamaker v. Fire Insurance Exchange (Nov. 13, 2015, E060652) 2015 WL 7075500

GMSR successfully defended its client, a fire insurance carrier, in an appellate challenge over a residential fire claim.  The plaintiff argued she was underpaid and that the one-year policy limitations period was tolled.

The Court of Appeal disagreed, holding that the insurer’s written correspondence clearly communicated payment and explained the one-year deadline, and that any request for reconsideration did not extend the limitations period.  As a result, the lawsuit—filed after the one-year period—was untimely, and the summary judgment in favor of the insurer was affirmed.