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California Code Of Civil Procedure Section 340.9

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 340.9

(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.

Last modified: January 12, 2009