Can an insurer deny a plaintiff's claim that she was induced to delay, or delay, filing a claim against the insurer?

California, United States of America


The following excerpt is from Muraoka v. Budget Rent-A-Car, Inc., 160 Cal.App.3d 107, 206 Cal.Rptr. 476 (Cal. App. 1984):

The trial court sustained the insurer's demurrer based upon the statute of limitations. The appellate court affirmed, holding that plaintiff failed to allege any misrepresentation, or promises on the part of the insurer sufficient in law to support plaintiff's claim that she was induced to delay, the filing of her complaint in reliance thereof. (Kunstman v. Mirizzi, supra, 234 Cal.App.2d at p. 758, 44 Cal.Rptr. 707.)

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