NN Investors Life Insurance v. Superior Court

In this proceeding, we review respondent superior court’s order denying the motion for summary judgment or summary adjudication of issues brought by petitioner (defendant). The underlying action was commenced by real parties in interest (plaintiffs) after defendant rejected a claim for benefits under a health insurance policy. Defendant moved for summary judgment on the grounds that the action is barred by plaintiffs’ failure to file their complaint within the time permitted by a provision of the policy, or by the applicable statute of limitations. The trial court denied the motion, finding the policy language relied upon by defendant is ambiguous as to when the contractual limitations period begins to run, and that when construed favorably to insured plaintiffs, their complaint was timely. It also rejected defendant’s contention that the second cause of action is governed by the relevant statutory period of limitations rather than the policy. We perceive no such ambiguity and conclude defendant is entitled to judgment.

We first reiterate the familiar and oft stated standards governing our review in cases of this sort. “The interpretation of an insurance policy, like any…