Juarez

Juarez v. 21st Century Insurance

Caution
105 Cal. App. 4th 371·129 Cal. Rptr. 2d 418·2003 Cal. App. LEXIS 60·2003 Daily Journal DAR 587·2003 Cal. Daily Op. Serv. 458
Court of Appeal of CaliforniaJanuary 15, 2003B153539California2,091 words

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…

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