Davis

Plaintiff Alfred J. Davis appeals from the superior court’s order quashing service and the ensuing judgment dismissing plaintiff’s action against defendant Allstate for failure to serve summons and complaint within three years of the commencement of the action. (Code Civ. Proc., § 583.210.) We will reverse the order and judgment for the reasons stated below.

Background

Numerous property owners including plaintiff Davis filed suit on February 28, 1985, against nine insurance companies for losses arising out of the March 1983 flooding in Alviso in Santa Clara County. Plaintiff Davis alleged his residence was insured by defendant Allstate. Before any answer or demurrer all plaintiffs filed a first amended complaint on March 6, 1985. They filed a second amended complaint on March 12, 1985. The second amended complaint contained causes of action for breach of the duty of good faith and fair dealing, breach of fiduciary duty, breach of statutory duties (Ins. Code, § 790.03, subd. (h)), and breach of contract. On June 29, 1987, one of the defendants, Progressive Casualty Company, demurred to the second amended complaint, asserting as to plaintiffs Ciampi, its alleged insureds,…