Marselis

The statute of limitations for actions on insurance claims is equitably tolled from the time the insured notifies the insurer of the claim until coverage is denied. (Prudential-LMI Com. Insurance v. Superior Court (1990) 51 Cal.3d 674, 693 [ 274 Cal.Rptr. 387 , 798 P.2d 1230 ] (Prudential-LMI).) In the case before us, an insured contends the tolling rule applies even when a claim is paid, unless the insurer gives the insured an unequivocal written statement that the claim is closed. We reject this effort to extend the rule stated in Prudential-LMI. No court has endorsed such an approach, and it would be antithetical to the rationale of the equitable tolling rule.

These related appeals, which we have consolidated, arise from a coverage dispute between Anne Marselis and her homeowner’s insurer, Allstate Insurance Company. In the first appeal (A100860), Marselis challenges the trial court’s finding that the statute of limitations barred her claim against Allstate. Marselis contends the statute was equitably tolled under the rule established in Prudential-LMI. Alternatively, she argues Allstate was equitably estopped from relying on the statute. She further claims the court…