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LAMBERT v. COMMONWEALTH LAND TITLE INS. CO.

Docket No. S016134.

53 Cal.3d 1072 (1991)

811 P.2d 737

282 Cal. Rptr. 445

WARD LAMBERT, Plaintiff and Appellant, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of California.

June 24, 1991.

Attorney(s) appearing for the Case

COUNSEL

Lawrence M. Schulner and Timothy S. Camarena for Plaintiff and Appellant.

Ervin, Cohen & Jessup, Allan B. Cooper and Jamie Dubinsky for Defendant and Respondent.

Tobin & Tobin, Scott S. Sommer, Eugene J. Chiarelli and Nancy L. Braun as Amici Curiae on behalf of Defendant and Respondent.

OPINION

ARABIAN, J.

We granted review in this case to resolve a conflict in the Courts of Appeal as to when a cause of action against a title insurer alleging a failure to defend accrues under Code of Civil Procedure section 339, subdivision 1 (hereafter section 339(1)) — when the insurer refuses to defend, or when the underlying action is terminated by final judgment?1 Section 339(1) provides for...

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