|
4121 The delayed discovery rule does not toll the statute of limitations on a first party insurance claim beyond the insured's initial discovery of damage, even if the full extent of the damage is not determined until later; allegations that an insurer misrepresented the extent of an insured's damage is sufficient to result in equitable estoppel that prevents it from raising a statute of limitations defense at the demurrer stage, although the insured might be required to prove those allegations in response to a subsequent motion for summary determination.CitationDOHENY PARK v TRUCK INS EXCH (Northridge Statute) 132 CA4 1076 [See: CCP 337, 340.9; InsC 2071; Prudential-LMI v Superior Court 51 C3 674; Kapsimallis v Allstate 104 CA4 667, T/AT 1/03; Vu v Prudential 26 C4 1141, T/AT 12/01]
|
|
