Juarez
Juarez v. 21st Century Insurance
Opinion
Opinion
Mosk, J.
Introduction
Plaintiff and appellant Jorge L. Juarez (Juarez) appeals from a summary judgment entered against him and in favor of defendant and respondent 21st Century Insurance Company (21st Century) on the ground that Juarez did not satisfy the statutory condition for bringing a cause of action related to a claim under an insurance policy’s uninsured motorist provisions within the time allowed under Insurance Code section 11580.2, subdivision (i). Juarez contends that 21st Century was not entitled to judgment because 21st Century was estopped from asserting the statutory condition due to its failure to give Juarez notice of the time limit for satisfying that condition. We hold that 21st Century had no duty to give Juarez notice of the statutory time limit because, under the statute, the time limit does not apply when, as in this case, the company had received written notice that the claimant was represented by counsel. Therefore the trial court properly entered summary judgment against Juarez. Accordingly, we affirm the judgment.
Background
The relevant facts are undisputed. Juarez was injured in an automobile accident with an uninsured motorist on March 19, 1996. At…