California Court of Appeal

In this declaratory relief action brought against defendant California Insurance Guarantee Association (CIGA) to determine CIGA's obligation to pay the insolvent insurer's policy obligations, the trial court's decision to sustain the demurrer without leave to amend and dismiss the action is reversed, where: 1) a cause of action against CIGA for breach of statutory duties does not accrue until all of the events necessary to create a covered claim have occurred; 2) plaintiffs' complaint alleges no facts indicating that all events occurred more than three years before the complaint was filed; and 3) the present action was therefore not barred by the statute of limitations.

Appellate Information

• Decided 09/17/2014
• Published 09/17/2014

Judges

• Pollak

Court

• California Court of Appeal

Counsel