United States Ninth Circuit

Where an insurer, in its correspondence to its insured, did not utilize language from its own policy which would inform the insured that the contractual time limitation for legal proceedings would begin to run, such a limitation was never rendered operative and did not run in an insured's action for disability benefits.

Appellate Information

• Argued 12/06/2001
• Decided 06/10/2002
• Published 06/10/2002

Judges

• Before LEAVY, T.G. NELSON and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Thomas M. Monson and Susan L. Horner, Miller, Monson, Peshel, Polacek & Hoshaw, San Diego, CA, for the plaintiff-appellant.


• For Appellees:
  
• Edwin A. Oster, Barger & Wolen, LLP, Irvine, CA, for the defendants-appellees.