TRANSPORT INSURANCE COMPANY v. TIG INSURANCE COMPANY, A122573. (2012)
Court: Court of Appeals of California
Number: incaco20120202028
Visitors: 8
Filed: Feb. 02, 2012
Latest Update: Feb. 02, 2012
Summary: CERTIFIED FOR PUBLICATION ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING [NO CHANGE IN JUDGMENT] BY THE COURT: The opinion filed herein on January 13, 2012, is modified as follows. On page 19, footnote 7 shall read: TIG's proposed instruction would have told the jury: "TIG contends that Transport this lawsuit too late. To establish this defense, TIG must prove that this action was not commenced within four years of the date on which the claim sued on arose. You must decide when
Summary: CERTIFIED FOR PUBLICATION ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING [NO CHANGE IN JUDGMENT] BY THE COURT: The opinion filed herein on January 13, 2012, is modified as follows. On page 19, footnote 7 shall read: TIG's proposed instruction would have told the jury: "TIG contends that Transport this lawsuit too late. To establish this defense, TIG must prove that this action was not commenced within four years of the date on which the claim sued on arose. You must decide when t..
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CERTIFIED FOR PUBLICATION
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING
[NO CHANGE IN JUDGMENT]
BY THE COURT:
The opinion filed herein on January 13, 2012, is modified as follows. On page 19, footnote 7 shall read:
TIG's proposed instruction would have told the jury: "TIG contends that Transport this lawsuit too late. To establish this defense, TIG must prove that this action was not commenced within four years of the date on which the claim sued on arose. You must decide when the claim arose, that is when TIG failed to pay the amounts allegedly due under the terms and conditions of [policies] FR 297 and FR 298. If TIG's failure to pay the alleged amounts due took place before January 26, 2002, Transport's lawsuit was filed too late and is barred by the statute of limitations."
This modification does not effect a change in the judgment.
The petition for rehearing is denied.
Source: Leagle
