VU v. PRUDENTIAL PROPERTY & CAS. INS. CO.

No. S078271.

113 Cal.Rptr.2d 70 (2001)

26 Cal.4th 1142

33 P.3d 487

Peter VU, Plaintiff and Appellant, v. PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of California.

November 5, 2001.


Attorney(s) appearing for the Case

Gruber & Kantor, Glenn R. Kantor, Daniel S. Gruber, Encino, Lisa S. Kantor, Northridge, and Sara Smith Ray, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Timothy G. Laddish, Assistant Attorney General, Randall P. Borcherding, Deputy Attorney General for the State Insurance Commissioner as amicus curiae on behalf of Plaintiff and Appellant.

James T. Linford, San Francisco, as amicus curiae on behalf of Plaintiff and Appellant.

Berger, Kahn, Shafton, Moss, Figler, Simon & Gladstone, Janice A. Ramsay, James F. Henshall, Jr., William Wraith, Craig S. Simon, Irvine; Sonnenschein, Nath & Rosenthal, Ronald D. Kent and Susan M. Walker, Los Angeles, for Defendant and Respondent.

Robie & Matthai, Pamela E. Dunn, Los Angeles, and Daniel J. Koes, for the Personal Insurance Federation of California as amicus curiae on behalf of Defendant and Respondent.

Lewis, D'Amato, Brisbois & Bisgaard, Raul L. Martinez, Richard B. Wolf and Elise D. Klein, Los Angeles, for California FAIR Plan Association as amicus curiae on behalf of Defendant and Respondent.

Luce, Forward, Hamilton & Scripps, Peter H. Klee, San Diego, and Marc J. Feldman, Los Angeles, for the National Association of Independent Insurers as amicus curiae on behalf of Defendant and Respondent.

Sonnenschein, Nath & Rosenthal, Ronald D. Kent and Susan M. Walker, Los Angeles, for the Association of California Insurance Companies as amicus curiae on behalf of Defendant and Respondent.

Horvitz & Levy, Mitchell C. Tilner and Lisa Perrochet, Encino, for 21st Century

Insurance Company and Truck Insurance Exchange as amici curiae.

James Osborne & Associates and W. James Osborne as amicus curiae.

Nielsen, Merksamer, Parrinello, Mueller & Naylor and Richard D. Martland, Mill Valley, for the California Chamber of Commerce and California Manufacturers Association as amici curiae.

Barger & Wolen and Kent R. Keller, Los Angeles, for Century National Insurance Company, the National Association of Independent Insurers and the Association of California Insurance Companies as amici curiae.

Robinson, Calcagnie & Robinson and Sharon J. Arkin, Newport Beach, for United Policyholders as amicus curiae.

Fred J. Hiestand, Sacramento, for the Civil Justice Association of California as amicus curiae.


KENNARD, J.

In a case involving an insurance claim for damages caused by the 1994 Northridge earthquake, the United States Court of Appeals for the Ninth Circuit certified the following question to this court: "Where an insured presents a timely claim to his insurer for property damage under a policy, and the insurer's agent inspects the property but does not discover the full extent of covered damage, does California...

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