Israel-Curley

In this case we deal with the interplay between an express limitation in Code of Civil Procedure section 340.9 and a release and settlement executed by plaintiff while represented by counsel. (All statutory citations are to the Code of Civil Procedure unless another is indicated.) Subject to specified conditions, the statute lifts the limitations bar on filing lawsuits against insurance carriers based on damages suffered in the Northridge earthquake of 1994. Plaintiff owned property that was damaged in that occurrence. The carrier adjusted and made payments on her claim. She then joined a class of plaintiffs suing the same carrier with respect to its handling of deductibles on earthquake policies it issued. She was represented in that litigation by the attorney for the class. She received $4,400 in settlement of that litigation. While that action was pending, plaintiff came to realize that the damage to her property was greater than had been supposed at the time her original claim was adjusted. She filed a new lawsuit against the carrier on the last day permitted by section 340.9. The trial court agreed with the carrier that plaintiff was not entitled to relief, and she…