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HELLINGER v. FARMERS GROUP, INC.

No. B138734.

111 Cal.Rptr.2d 268 (2002)

91 Cal.App.4th 1049

Jay HELLINGER et al., Plaintiffs and Appellants, v. FARMERS GROUP, INC. et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Four.

As Modified on Denial of Rehearing September 24, 2001.

Review Denied January 29, 2002.

Attorney(s) appearing for the Case

Law Offices of James Osborne & Associates and W. James Osborne, Sherman Oaks, for Plaintiffs and Appellants.

Peterson, Picker, Chow & Freisleben, Alan J. Freisleben, Todd A. Picker and Robert T. Johnson, Newport Beach, for Defendant and Respondent Farmers Group, Inc.

Chapin Shea McNitt & Carter, David A. Myers, Irvine; Horvitz & Levy, Lisa Perrochet and Stephanie Rae Williams, Encino, for Defendant and Respondent Mid-Century Insurance Company.

EPSTEIN, J.

We are asked to decide whether a claim for damages from the Northridge earthquake is time-barred by the one-year limitations provision in an insurance contract. We conclude that Code of Civil Procedure section 340.9 applies and extends the deadline for presenting the claim.1

FACTUAL AND PROCEDURAL SUMMARY

Jay Hellinger owned a home in Los Angeles County which was damaged by the Northridge earthquake of January...

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