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NORTH STAR REINSURANCE CORP. v. SUPERIOR COURT

Docket No. D016819.

10 Cal.App.4th 1815 (1992)

13 Cal. Rptr.2d 775

NORTH STAR REINSURANCE CORPORATION et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; SUNDANCE FINANCIAL, INC., et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division One.

November 20, 1992.

Attorney(s) appearing for the Case

COUNSEL

Quisenberry & Barbanel, Alan H. Barbanel, Stephen D. Treuer and Gregory K. Berry for Petitioners.

No appearance for Respondent.

Gray, Cary, Ames & Frye, Jeffrey M. Shohet and Robert C. Longstreth for Real Parties in Interest.

OPINION

TODD, J.

Is the three-year statute of limitations applicable to an action for reformation based on mistake (Code Civ. Proc.,1 § 338, subd. (d)) tolled with respect to an excess insurance or "umbrella" policy as in the tolling that applies during the time the underlying primary insurance carrier performs its duty to defend under a reservation of rights? Under the circumstances of this case...

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