Hartford Accident & Indemnity Co. v. Superior Court
Opinion
Opinion
Roth, J.
Marcus Keel (Keel) real party in interest (RPI) in this proceeding settled a claim for a property loss insured by Hartford Accident and Indemnity Company (Hartford) petitioner herein on September 26, 1973. On December 13, 1979, Keel filed an action in the Superior Court of California, County of Los Angeles (respondent) against Hartford charging a breach of its contractual duty of good faith. This writ proceeding followed.
The thrust of Keel’s unverified complaint is embraced in paragraphs 8 and 9 thereof as follows:
Keel was tried on a charge of arson and was acquitted on December 16, 1975.
The parties agree that Code of Civil Procedure section 337, subdivision 1 fixes the statute of limitation. In pertinent part it provides: “Within four years: 1. An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a of this code; .... ”
The discussion which follows assumes Keel’s allegations to be true, except for the suggestion that Hartford was involved in some manner with the criminal prosecution referred to. Such evidence as there is in the record on this facet is to the contrary.