(Download) "Western Steel and Ship Repair Inc. v. Rmi Inc." by Fourth Appellate District, Division One Court of Appeal of California * eBook PDF Kindle ePub Free
eBook details
- Title: Western Steel and Ship Repair Inc. v. Rmi Inc.
- Author : Fourth Appellate District, Division One Court of Appeal of California
- Release Date : January 17, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
This is an appeal from an order of the superior court requiring appellants Insurance Commissioner of the State of California (Commissioner) and California Insurance Guarantee Association (CIGA) to allow respondent, Dr. Ronald J. Rooney, to file a late claim with the Commissioner against the estate of Rooneys insolvent insurer, Imperial Insurance Company (Imperial). The trial court allowed the late claim to be filed because the notice of the insolvency and claims filing period mailed to Rooney by the Commissioner to the address shown on Rooneys policy was never received due to Rooneys change of address. Appellants contend that the filing of the late claim should not have been allowed because (1) the Commissioner complied with statutory (Ins. Code, § 1063.7) and due process notice requirements by mailing the notice to Rooneys last known address; and (2) the superior court lacked jurisdiction to extend the six-month statutory claims filing period. We shall conclude that receipt of notice is required under Insurance Code, section 1063.7, that the trial courts finding that notice was not received is supported by substantial evidence, and that the superior court had jurisdiction to extend the claims filing period. We affirm.