2464 An insurance carrier's action against a health care provider for equitable indemnity accrues when the carrier pays the injured plaintiff, and is subject to the one-year general tort statute of limitations, but since it arises from the professional negligence of a health care provider, the notice requirement of CCP 364 applies to it, and a notice served during the last 90 days of the period of limitations tolls running of the statute of limitations for a period of 90 days.CitationPREFERRED RISK v REISWIG (Malpractice Notice) 21 C4 208 [See: CCP 360, 364; Western v San Pedro 8 C4 100, T/AT 9/94; Central Pathology v Superior Court 3 C4 181, T/AT 10/92; Preferred Risk v Reiswig (RevGrtd) AT 10/98]
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