Rejeanne Bernier v. Travelers Property Casualty In

MEMORANDUM

Rejeanne Bernier appeals the district court’s grant of summary judgment to Travelers Property Casualty Insurance Company (“Travelers”), the denial of her motion to remand the case to state court, and other various discovery orders entered by the magistrate .judge below. This court has jurisdiction under 28 U.S.C. § 1291 . We affirm.

A. Summary Judgment

The district court did not err by concluding that Bernier’s breach of contract and bad faith claims were not timely. Bernier’s insurance policy required that all suits against Travelers regarding her policy be brought within one year of the occurrence causing loss or damage. This limitation period began upon Bernier’s “reasonable discovery of the loss,” not upon her realization of the loss’s legal significance. Prudential-LMI Commercial Ins. v. Superior Court, 51 Cal.3d 674 , 274 Cal.Rptr. 387 , 798 P.2d 1230, 1238 (1990) (in bank). The district court did not err by concluding that the latest that Bernier could have reasonably discovered the damage to her property was October 2007. This conclusion finds ample support in the record: (1) Bernier witnessed her son, Jessie Croteau (and his construction company, ICS…