Cheryl Ward v. Stonebridge Life Insurance Co

Good Law
608 F. App'x 487
United States Court of Appeals for the Ninth CircuitJune 24, 201513-35628California590 words

Opinion

Opinion

MEMORANDUM

Plaintiffs appeal from the district court’s dismissal of their complaint arising from defendant Stonebridge Life Insurance Company’s (“Stonebridge’s”) denial of their insurance claims. Although Plaintiffs’ complaint alleged both tort and contract claims, on appeal, Plaintiffs challenge only the district court’s conclusion that their breach-of-contract claims were time-barred under the insurance policies’ suit limitation provisions. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The district court correctly determined that the suit limitation provisions contained in the insurance polices were valid under Washington law. Both policies contain specific provisions stating that any legal action for damages on the policy be brought at least 60 days after proof of loss is furnished, but no later than three years after the date that proof of loss is required to be given. Plaintiffs argue that these suit limitation provisions are void because they do not link the time within which to bring suit to the date a cause of action “accrues.” In support of this argument, Plaintiffs rely on Wash. Rev.Code § 48.18.200, which provides, in relevant part:

The Washington…

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