§ 340.9. — 340.9. (Added by Stats. 2000, Ch. 1090, Sec. 1.)

California § 340.9.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Title: 2.
• Part 2.: TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS
• Ch. 3.: CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property

Text

(a)
Notwithstanding any other provision of law or contract, any insurance claim for damages arising out of the Northridge earthquake of 1994 which is barred as of the effective date of this section solely because the applicable statute of limitations has or had expired is hereby revived and a cause of action thereon may be commenced provided that the action is commenced within one year of the effective date of this section. This subdivision shall only apply to cases in which an insured contacted an insurer or an insurer’s representative
prior to January 1, 2000, regarding potential Northridge earthquake damage.
(b)
Any action pursuant to this section commenced prior to, or within one year from, the effective date of this section shall not be barred based upon this limitations period.
(c)
Nothing in this section shall be construed to alter the applicable limitations period of an action that is not time barred as of the effective date of this section.
(d)
This section shall not apply to either of the following:
(1)
Any claim that has been litigated to finality in any court of competent jurisdiction prior to the effective date of this section.
(2)
Any written compromised settlement agreement which has been made between an
insurer and its insured where the insured was represented by counsel admitted to the practice of law in California at the time of the settlement, and who signed the agreement.

Legislative History

Added by Stats. 2000, Ch. 1090, Sec. 1. Effective January 1, 2001.