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SUPERIOR DISPATCH, INC. v. INSURANCE CORP. OF NEW YORK

No. B204878.

181 Cal.App.4th 175 (2010)

104 Cal.Rptr.3d 508

SUPERIOR DISPATCH, INC., Plaintiff and Appellant, v. INSURANCE CORPORATION OF NEW YORK, Defendant and Respondent.

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

January 21, 2010.

Attorney(s) appearing for the Case

Pierry Shenoi, Brown Shenoi Koes, Allan A. Shenoi; Law Offices of Daniel J. Koes, Brown Shenoi Koes and Daniel J. Koes for Plaintiff and Appellant.

Steven B. Stevens for Consumer Attorneys of California and United Policyholders as Amici Curiae on behalf of Plaintiff and Appellant.

John Metz as Amicus Curiae on behalf of Plaintiff and Appellant.

Lewis Brisbois Bisgaard & Smith and Raul L. Martinez for Defendant and Respondent.

OPINION

CROSKEY, J. —

Superior Dispatch, Inc. (Superior), appeals a summary judgment in favor of its insurer, Insurance Corporation of New York (Inscorp). The trial court granted summary judgment based on a one-year contractual limitations provision in the policy and concluded that Inscorp's failure to notify Superior of the provision did not support an equitable estoppel to assert the provision. Superior's principal contention on appeal...

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