Abraugh

In this appeal we determine that excusable neglect is not a basis for relief from the late filing of a claim against an insolvent insurer pursuant to Insurance Code section 1021 and that section 473, Code of Civil Procedure is not applicable to such claims.

Petitioner Tami Lynn Abraugh appeals from an order of the superior court denying mandate to compel the Insurance Commissioner (the Commissioner), as liquidator of Cal-Farm Insurance Company (Cal-Farm), to permit the late filing of her claim for injuries sustained in an automobile accident. She contends the trial court erred in concluding it lacked jurisdiction to order the filing of a late claim.

We shall affirm the judgment.

Factual and Procedural Background

The facts of this case are essentially undisputed. Abraugh was injured while riding as a passenger in a car driven by Brian Muller. She filed a claim against Muller and Cal-Farm, Muller’s insurer. In March 1985, the Sacramento County Superior Court determined Cal-Farm was insolvent and appointed the Commissioner as conservator. In December 1985, the court authorized the Commissioner to liquidate the company.

In January 1986, Cal-Farm notified Abraugh’s…