Q: For CA homeowners insurance, would a declared state of emergency extend the statute of limitations to sue an insurer?
If the Suits Against Us provision states the policyholder has X years, would that time limit extend if the loss relates to a state of emergency?
A:
I don't think so. Typically, the statute of limitations begins to run when the injury is suffered. In some circumstances, the statute is tolled until such time as the plaintiff discovers or has reason to discover the cause of injury.
Sections 351 through 356 of the California Code of Civil Procedure set forth circumstances that toll (suspend, delay, extend, increase and/or lengthen) the limitations period. The circumstance that most closely approaches your hypothetical is war.
Under CCP Section 354, When and while a state of war bars plaintiff's access to court, the statute of limitations period is tolled (suspended, time clock stops).
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