Farah Sayari v. Metropolitan Life Insurance Co

MEMORANDUM

Farah Sayari (“Sayari”) appeals the district court’s order granting summary judgment to Metropolitan Life Insurance Company (“MetLife”). We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.

Under California law, the statute of limitations begins when an insured incurs a loss, but it is equitably tolled from the date the insured gives timely notice of the claim until the date the insurance company “formally denies the claim in writing.” Prudential-LMI Com. Ins. v. Superior Court, 51 Cal.3d 674 , 274 Cal.Rptr. 387 , 798 P.2d 1230, 1232 (1990). California’s appellate courts have construed “formal denial” to require “unequivocal denial” in writing. Migliore v. Mid-Century Ins. Co., 97 Cal. App.4th 592, 604 , 118 Cal.Rptr .2d 548 (2002); Aliberti v. Allstate Ins. Co., 74 Cal.App.4th 138, 146-17 , 87 Cal.Rptr.2d 645 (1999).

MetLife argues that its May 15, 2006 letter (“May 15 letter”) to Sayari was an unequivocal denial of her claim. The first part of the operative sentence at the end of the May 15 letter — “we must conclude that the death of our insured has not been established and we can give your claim no further consideration .. — seems to communicate…