C & H. FOODS CO. v. Hartford Ins. Co.

Plaintiffs C & H Foods Co. (C & H), a division of Kwik-Serv Foods, Inc. (Kwik-Serv), Frank Cottle (Cottle) and Fred W. Harris (Harris) purport to “appeal from the January 5, 1983 Superior Court’s Order to the effect that a portion of the First Amended Complaint be sustained without leave to amend, and from the March 24, 1983 Superior Court’s Order to the effect that the First and Second Causes of Action of the Second Amended Complaint be dismissed without leave to amend.” An order sustaining a demurrer is a nonappealable order. We treat the notice of appeal as taken from the order (judgment) of dismissal entered in favor of respondent The Hartford Fire Insurance Company (Hartford) on March 24, 1983. In connection therewith, we review the propriety of both orders of the trial court sustaining the demurrers to the portions of the first and second amended complaints.

All plaintiffs also sued defendants Hayward Mason and Rolapp Insurance Associates and certain Does for “insurance malpractice” but none of those defendants are properly parties to this appeal as the judgment was solely in favor of Hartford.

Plaintiffs contend: (1) A private statute of limitations in an…