Brown & Bryant, Inc. v. Hartford Accident & Indemnity Co.

Good Law
1994 Cal. App. LEXIS 350·24 Cal. App. 4th 247·29 Cal. Rptr. 2d 144·94 Daily Journal DAR 5397·94 Cal. Daily Op. Serv. 2848
Court of Appeal of CaliforniaApril 19, 1994F017753California3,890 words

Opinion

Opinion

Buckley, J.

Brown & Bryant, Inc. (Brown & Bryant), appeals from a judgment dismissing its action against Hartford Accident & Indemnity Company, Fireman’s Fund Insurance Companies, and United States Fidelity & Guaranty Company (collectively Insurers) for failure to bring the action to trial within five years. (Code Civ. Proc., §§ 583.310, 583.360.) It contends the five-year period was tolled during the time a settlement agreement between the parties was in effect. We agree and will reverse.

Factual and Procedural History

On May 27, 1986, Brown & Bryant filed a complaint against Insurers and others seeking damages for breach of contract, breach of the covenant of good faith and fair dealing, violation of the Insurance Code, fraud, interference with prospective advantage, and conspiracy. According to the complaint, Brown & Bryant operated facilities in the Kern County communities of Shafter and Arvin where it repackaged, formulated and distributed agricultural chemicals. In 1985, the Department of Health Services (DHS) ordered Brown & Bryant to clean up extensive soil contamination discovered at the two sites. Brown & Bryant made claims for its cleanup costs to the various insurance…

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