Qadeer

BACKGROUND

Mid-Century issued a Farmers Next Generation Home policy to Qadeer insuring his Oakland property during the period

1 February 6, 2015 to November 14, 2015. The Policy provides: “Suit Against Us. [¶] No suit or other action can be brought against us, our agents or our representatives unless there has been full compliance with all of the terms of this policy . . . . Suit on or arising out of the SECTION I – PROPERTY COVERAGE of this policy must be brought within one year after inception of the loss or damage.”

On February 9, 2015, Qadeer contacted his agent, Oona Joseph, by email and advised that the night before, on February 8, 2015, “a tree from the city of Oakland Lot fell on my house. No injury except some property damage. I hope city will come and remove the tree because you can not [sic] enter in the house easily.” Joseph responded by email that same day, stating, “Please feel free to call me if you feel we need to file a claim through your homeowners policy.”

On either February 5 or February 12, 2016, Qadeer submitted a claim to Mid-Century through Joseph. By letter dated March 9, 2016, Mid-Century denied the claim citing the “Suit Against Us” provision of the…