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The CRC Rules Of Court Insurer Based On The Affirmative Defense - Nairaland / General - Nairaland

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The CRC Rules Of Court Insurer Based On The Affirmative Defense by jaclimmi: 12:20pm On Mar 13, 2021
Procedural Posture

Appellant insureds challenged a decision from the Superior Court of San Diego County (California), which granted summary judgment to appellee insurer based on the affirmative defense of statute of limitations.

Overview

When appellants first discovered cracks causing damage to their home, they submitted a claim to appellee insurer. Appellee denied the claim. Several years later, after conditions got worse, appellants filed another claim. When appellee again denied the claim, 298. Penal Code PC 245 Assault With A Deadly Weapon appellants sued. The trial court granted summary judgment to appellee based on the statute of limitations. On appeal, the court affirmed the decision. The statute began to run when appellants knew the facts that were essential to their claim. All of appellants' claims for payments under the policy and their causes of action based on wrongful denial of those claims accrued when they were notified of the cause of their damages. Appellee was not estopped from arguing the statute of limitations. It did not stand as a fiduciary toward appellants and was not liable for failing to inform them of all theories under which they could potentially recover. The court held that because appellants' claims were time-barred on all theories, it could not resurrect their rights by submitting a claim after the lapse of the limitation period.

Outcome

The court affirmed the decision that granted summary judgment to appellee insurer because appellee did not stand as a fiduciary and was not estopped from asserting that the statute of limitations barred the claim.

Procedural Posture

Appellant trust challenged the decision of the Superior Court of Los Angeles County (California), which directed appellant trustee to withdraw as attorney for appellant trust and engage a licensed attorney to represent appellant trust in its lawsuit against respondent sellers.

Overview

Appellant trustee brought action against respondent sellers on behalf of appellant trust. The suit alleged that respondents, as sellers of a certain mobilehome to appellant trust, intentionally failed to disclose certain material defects. Respondents filed a motion for an order compelling appellant trustee to withdraw as attorney for appellant trust because appellant trustee was not an attorney and so his representation constituted an unauthorized practice of law in violation of Cal. Bus. & Prof. Code ยง 6125. The trial court ordered appellant trustee to withdraw as attorney and find other counsel to represent appellant trust. On appeal, the court affirmed the order. A trustee's duties in connection with his or her office do not include the right to present argument in courts of the state, because in such capacity the trustee would be representing interests of others and would therefore be engaged in the unauthorized practice of law. Thus, the trial court did not err in its order in this case.

Outcome

The court affirmed the decision to direct appellant trustee to withdraw as attorney for appellant trust and engage a licensed attorney to represent appellant trust. A trustee's duties in connection with his or her office do not include the right to present argument in propria persona in courts of the state. In such capacity the trustee would be representing interests of others and would be engaged in the unauthorized practice of law.

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