Plummer v. Allstate Insurance

Ninth Circuit

Plummer v. Allstate Insurance

56 F. App'x 843

Court of Appeals for the Ninth Circuit·Decided March 7, 2003·No. No. 00-56455; D.C. No. CV-99-09595-GAF·Published

Opinion

MEMORANDUM

Footnotes

**

Stanley and Lynn Lovell Plummer (the “Plummers”) appeal from the district court’s summary judgment in favor of Allstate Insurance Company, Inc. (“Allstate”). The Plummers sued Allstate for breach of contract and related torts in connection [844] with property damage to their home, caused by the 1994 Northridge earthquake. The district court determined that the Plummers’ contract claim was time-barred by the one-year limitations provision in their homeowners insurance policy with Allstate. The Plummers’ tort claims also failed because they were considered to be dependent causes of action.

On January 1, 2001, after summary judgment in this case but while this appeal was pending, California Code of Civil Procedure (CCP) § 340.9 became effective. CCP § 340.9 revived all time-barred insurance claims for damages arising out of the Northridge earthquake so long as, inter alia, the insured contacted her insurer pri- or to January 1, 2000 and the insured’s claim had not been litigated to finality. Because the Plummers have satisfied the conditions for revival of their claims under CCP § 340.9, and in light of our decision in Campanelli v. Allstate Life Ins. Co., 322 F.3d 1086 (9th Cir.2003), we reverse and remand this case for further proceedings consistent with Campanelli.

REVERSED and REMANDED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Free access — add to your briefcase to read the full text and ask questions with AI

MEMORANDUM

Footnotes

**

Stanley and Lynn Lovell Plummer (the “Plummers”) appeal from the district court’s summary judgment in favor of Allstate Insurance Company, Inc. (“Allstate”). The Plummers sued Allstate for breach of contract and related torts in connection [844] with property damage to their home, caused by the 1994 Northridge earthquake. The district court determined that the Plummers’ contract claim was time-barred by the one-year limitations provision in their homeowners insurance policy with Allstate. The Plummers’ tort claims also failed because they were considered to be dependent causes of action.

On January 1, 2001, after summary judgment in this case but while this appeal was pending, California Code of Civil Procedure (CCP) § 340.9 became effective. CCP § 340.9 revived all time-barred insurance claims for damages arising out of the Northridge earthquake so long as, inter alia, the insured contacted her insurer pri- or to January 1, 2000 and the insured’s claim had not been litigated to finality. Because the Plummers have satisfied the conditions for revival of their claims under CCP § 340.9, and in light of our decision in Campanelli v. Allstate Life Ins. Co., 322 F.3d 1086 (9th Cir.2003), we reverse and remand this case for further proceedings consistent with Campanelli.

REVERSED and REMANDED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Plummer v. Allstate Insurance, 56 F. App'x 843 (9th Cir. 2003).

Pincite

56 F. App'x 843 (Plummer v. Allstate Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Vito Campanelli Peggy Campanelli John Caudillo Barbara Caudillo Neil Damrow Gayle Damrow Nancy Durrant Garfield Ecung Debra Ecung George Giakoumakis Mary Lou Giakoumakis Donald Huner Tommie Jenkins Carrie Jenkins Brenda Kalosh Donald Menck Florence Menck Cheryl Mondheim William Noah Terry Noah Roy Rosenblatt Lorraine Rosenblatt Darla Severn Loyal Smith Mildred Stafford Marilyn Taber, and James House Pat House v. Allstate Life Insurance Company, an Illinois Corporation, and Shadowbrook Design Group, Inc., a California Corporation W.S.C., a California Corporation, Dba Western States Construction, Dba Western States Geotechnical, AKA Western States Companies, Vito Campanelli Peggy Campanelli John Caudillo Barbara Caudillo Neil Damrow Gayle Damrow Nancy Durrant Garfield Ecung Debra Ecung George Giakoumakis Mary Lou Giakoumakis James House Pat House Donald Huner Tommie Jenkins Carrie Jenkins Brenda Kalosh Donald Menck Florence Menck William Noah Terry Noah Roy Rosenblatt Lorraine Rosenblatt Darla Severn Loyal Smith Mildred Stafford Marilyn Taber, and Cheryl Mondheim v. Allstate Life Insurance Company, an Illinois Corporation, and Shadowbrook Design Group, Inc., a California Corporation W.S.C., a California Corporation, Dba Western States Construction, Dba Western States Geotechnical, AKA Western States Companies, Vito Campanelli Peggy Campanelli John Caudillo Barbara Caudillo Neil Damrow Gayle Damrow Nancy Durrant Garfield Ecung Debra Ecung James House Pat House Tommie Jenkins Carrie Jenkins Brenda Kalosh Donald Menck Florence Menck Cheryl Mondheim William Noah Terry Noah Roy Rosenblatt Lorraine Rosenblatt Darla Severn Loyal Smith Mildred Stafford Marilyn Taber Donald Huber, and George Giakoumakis Mary Lou Giakoumakis v. Allstate Life Insurance Company, an Illinois Corporation, Vito Campanelli Peggy Campanelli John Caudillo Barbara Caudillo Neil Damrow Gayle Damrow Nancy Durrant Garfield Ecung Debra Ecung George Giakoumakis Mary Lou Giakoumakis James House Pat House Donald Huner Tommie Jenkins Carrie Jenkins Brenda Kalosh Donald Menck Florence Menck Cheryl Mondheim Roy Rosenblatt Lorraine Rosenblatt Darla Severn Loyal Smith Mildred Stafford Marilyn Taber, and William Noah, Terry Noah v. Allstate Life Insurance Company, an Illinois Corporation, and Shadowbrook Design Group, Inc., a California Corporation W.S.C., a California Corporation, Dba Western States Construction, Dba Western States Geotechnical, AKA Western States Companies

322 F.3d 1086 (Ninth Circuit, 2003)

Opinion

Footnotes

Related