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

No. 98-55540.

291 F.3d 603 (2002)

Peter VU, Plaintiff-Appellant, v. PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Vacated April 15, 1999.

Filed May 22, 2002.

Attorney(s) appearing for the Case

Glenn R. Kantor, Gruber & Kantor, Encino, CA, argued the cause for the plaintiff-appellant; Sara Smith Ray, Daniel S. Gruber and Joel A. Cohen assisted on the briefs.

Melody S. Mosley, Berger, Kahn, Shafton, Moss, Figler, Simon & Gladstone, Irvine, CA, argued the cause for the defendant-appellee; James F. Henshall, Jr., William F. Wraith, Janice A. Ramsay, and Ronald D. Kent and Susan M. Walker, Sonnenschein, Nath & Rosenthal, Los Angeles, CA, assisted on the briefs.

Before KOZINSKI and O'SCANNLAIN, Circuit Judges, and LOVELL, District Judge.

ORDER

After the Northridge earthquake of January 1994 damaged his home, Peter Vu asked his insurance company, Prudential Property and Casualty Insurance, for coverage benefits. Having inspected Vu's home, Prudential informed him that the damage was significantly below the amount of the deductible. Relying on this information, Vu took no further action until August 1995, when he discovered substantial additional damage caused by the earthquake. Vu promptly requested...

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