Flynn
Flynn v. Paul Revere Insurance Group
Opinion
Lead Opinion
*886 MEMORANDUM **
Richard Flynn appeals the district court’s summary judgment of his suit against Paul Revere Insurance Group to recover under his disability policy on the ground that he is totally disabled as a result of an accident. The district court ruled that Flynn’s action was not filed within the applicable statutes of limitations for each of his two claims, and was therefore time-barred. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
The district court correctly determined the applicable limitations period and the date of accrual for each claim. We recently held that California’s four-year statute of limitations for suits on written contracts, rather than the three-year period in section 10350.11, applies in an action on a written contract to recover disability benefits in California. Wetzel v. Lou Ehlers Cadillac Group Long Term Disability Ins. Program, 222 F.3d 643, 648 (9th Cir.2000) (en banc). We reasoned that section 10350.11 is not itself a statute of limitations, but rather a contractual limitations period which operates “distinct and apart from the statutory limitations period set by the state legislature.” Id. at 648 .