Hydro-Mill

Hydro-Mill Co. v. Hayward, Tilton & Rolapp Insurance Associates, Inc.

Good Law
10 Cal. Rptr. 3d 582·115 Cal. App. 4th 1145·2004 Cal. App. LEXIS 191·2004 Daily Journal DAR 2200·2004 Cal. Daily Op. Serv. 1429
Court of Appeal of CaliforniaFebruary 19, 2004B156765California8,299 words

Opinion

Opinion

Mallano, J.

A company purchased earthquake insurance from a broker. The broker obtained insurance with less coverage than the company sought. After sustaining damage in the Northridge earthquake, the company submitted a claim under the insurance policy and was paid benefits in accordance with the policy as written.

The company filed this action against the broker to recover the additional benefits that would have been paid under the coverage as requested, alleging causes of action for negligence, breach of oral contract, negligent misrepresentation, and breach of fiduciary duty. The case was tried to the court, which found in the company’s favor on all causes of action and awarded compensatory damages, attorneys’ fees, prejudgment interest, and costs.

On appeal, the broker contends that the gravamen of this suit, regardless of how the causes of action are labeled, is a claim for professional negligence, and the suit is therefore barred by the statute of limitations applicable to malpractice claims against an insurance broker (Code Civ. Proc., § 339, subd. 1). We agree and reverse.

I

BACKGROUND

Plaintiff Hydro-Mill Company, Inc., manufactures sophisticated aircraft parts for the…

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