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CONLIN v. DEL MAR PAVING

Docket No. 7209.

234 Cal.App.3d Supp. 6 (1991)

286 Cal. Rptr. 33

EDWARD CONLIN, Plaintiff and Appellant, v. DEL MAR PAVING et al., Defendants and Respondents.

Court of Appeals of California, Appellate Department, Superior Court, Orange.

May 20, 1991.

Attorney(s) appearing for the Case

COUNSEL

George J. Mankiewicz for Plaintiff and Appellant.

McKay, Byrne, Graham & Van Dam and Denise L. Bourgeois for Defendants and Respondents.

OPINION

SMALLWOOD, J.

In this case we hold an insurer does not satisfy the notice requirement of Insurance Code section 11583 by placing this statement — "THE STATUTE OF LIMITATIONS FOR ANY PHYSICAL INJURY CLAIM WILL RUN ONE (1) YEAR FROM THE DATE OF THE ACCIDENT" — on the back of a draft tendered by it as a partial payment of a claim made against its insureds.

However, summary judgment was properly granted since...

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