Legal Question in Insurance Law in California

Do I still have concern?

Almost 4 years ago I was accused of fraud and a claim filed in civil court (however in declarations they state the discovery date was 5 years ago. ) The plaintiff dismissed the civil case (w/o prejudice) in 3/05, I later learned they collected what they assumed was their loss from their insurance company, which is why they dismissed the case ( I assume). Now 5 years after discovery and 2 years after the civil case was dismissted the insurance company file another civil case to collect the money (they state are standing in their insured's shoes) for the amount they paid their client. Isn't the statute of limitation up on this case? Even with tolling for the time the originial suit was pending it still puts it outside the statute.


Asked on 12/10/07, 4:26 pm

1 Answer from Attorneys
Kurt Boyd LAW OFFICES OF KURT BOYD

Re: Do I still have concern?

Yes. Subrogation rights run from the dae of payment by the insurer. That said, you still have all available defenses and under the right circumstances, you may have a statute defense. You need to have a lawyer survey the matter in detail.

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Answered on 12/27/07, 12:59 am


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