Moss

Plaintiff Mrs. Ruby Moss, was involved in an automobile accident in Los Angeles County on September 28, 1958. In June of 1959, plaintiff and her husband retained an attorney to handle her claim for personal injuries and her husband’s claim for automobile damage. Thereafter, plaintiffs’ attorney had discussions and correspondence with an adjuster for defendant’s insurance company with regard to settling plaintiffs’ claims. The attorney testified: that, sometime between July 17, 1959, and August 19, 1959, the adjuster talked with him about making a better offer of settlement; the attorney was told he wouldn’t have to worry about the one-year statute of limitations; the statute expired on plaintiffs’ claims on September 29, 1959; there were no further conversations between the attorney and the adjuster until August 30, 1960; at that time the adjuster told the attorney he had let the statute run and would pay nothing.

On September 27, 1960, a suit was filed against defendant for personal injuries and automobile damage. Plaintiffs, in paragraph VII of their complaint, in order to avoid the statute of limitations, alleged that an adjuster for defendant’s insurance company induced their…