Campanelli

Campanelli v. Allstate Life Insurance

Good Law
322 F.3d 1086
United States Court of Appeals for the Ninth CircuitMarch 3, 2003Nos. 00-55466, 00-55468, 00-55957 and 00-57080California4,879 words

Opinion

Lead Opinion

Tashima, J.

These are appeals from the district court’s grant of summary judgment in favor of appellee, Allstate Insurance Company (“Allstate”), based upon a limitations-period defense. We reverse.

BACKGROUND

Appellants William and Terry Noah, James and Patricia House, Cheryl Mon-dheim, and George and Mary Lou Giakou-makis (collectively, the “Homeowners”) all own homes, insured by Allstate, that were damaged on January 17, 1994, by the Nor-thridge earthquake. Within the next year, all of the Homeowners made claims to Allstate for the earthquake damage to their homes. All of them received payments for the damage and their claims were closed by Allstate over the next two years.

Sometime in May 1998, the Homeowners learned that there were questions regarding the authenticity of the engineering reports they had received from Allstate during the claims adjustment process. The “engineering” reports that each Homeowner received were purportedly signed, stamped, and certified to contain the signing engineer’s opinion of the extent of the earthquake damage based upon the engineer’s personal inspection of the home. The Homeowners allege that, in fact, the reports were not prepared by engineers,…

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