Bjorklund

Bjorklund v. North American Companies for Life & Health Insurance

Good Law
72 F. App'x 550
United States Court of Appeals for the Ninth CircuitJuly 23, 2003No. 02-56382; D.C. No. CV-01-00500-AHSCalifornia746 words

Opinion

Lead Opinion

*551 MEMORANDUM *

James Bjorklund appeals from the district court’s order granting summary judgment in favor of North American Companies for Life and Health Insurance (“North American”) on Bjorklund’s claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and unfair competition. 1 The facts are known to the parties and will not be repeated herein except as necessary.

The district court granted summary judgment to North American because it found that Bjorklund’s claims for breach of an insurance contract were barred by the applicable statutes of limitations. 2 See Cal.Code Civ. Pro. §§ 337, 339(1); Cal. Bus. & Prof.Code § 17208. We disagree.

In California, a cause of action for breach of contract accrues at the time of breach, which then starts the limitations period running. Cochran v. Cochran, 56 Cal.App.4th 1115, 1120 , 66 Cal.Rptr.2d 337 (1997). Pursuant to the contract at issue here, Bjorklund could surrender the policy at any time prior to its maturation, at which time North American was called upon to tender the cash value of the policy as of that date. Bjorklund attempted to surrender the policy in a letter dated July 29, 1999,…

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