Hill

Plaintiff Roberta Hill appeals a summary judgment in favor of defendants Physicians & Surgeons Exchange of California and Fremont Indemnity Insurance Group (together Fremont) on Hill’s complaint for breach of contract for failing to defend its insured, Dr. Mitchell Steinway, under a medical malpractice insurance policy. Hill contends the court erred in (1) finding she failed to make a timely claim to Stein way, (2) finding Fremont did not breach its duty to defend its insured, and (3) failing to grant a continuance to allow her to take Dr. Steinway’s out-of-state deposition. We conclude the court correctly granted summary judgment and accordingly affirm.

Factual and Procedural Background

On September 25, 1980, Steinway performed surgery on Hill to correct a recurring dislocation of her right shoulder. Following surgery, Hill was unable to move her right wrist and had no feeling in her arm. She was frightened, concerned and apprehensive. When she asked Steinway if this was supposed to happen, he said “no.” Hill expressed her disappointment to Steinway while she was still in the hospital and stopped seeing him on October 21, 1980. Steinway never billed Hill for his…