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Campanelli v. Allstate Life Ins. Co.

United States Court of Appeals for the Ninth Circuit

November 5, 2002, Argued and Submitted, Pasadena, California ; March 3, 2003, Filed

No. 00-55466, No. 00-55468, No. 00-55957, No. 00-57080

Opinion

 [*1092]  TASHIMA, Circuit Judge:

These are appeals from the district court's grant of summary judgment in favor of appellee, Allstate Insurance Company ("Allstate"), based upon a limitations-period defense. We reverse.

 [**2] BACKGROUND

Appellants William and Terry Noah, James and Patricia House, Cheryl Mondheim, and George and Mary Lou Giakoumakis (collectively, the "Homeowners") all own homes, insured by Allstate, that were damaged on January 17, 1994, by the Northridge earthquake. Within the next year, all of the Homeowners made claims to Allstate for the earthquake damage to their homes. All of them received payments for the damage and their claims were closed by Allstate over the next two years.

Sometime in May 1998, the Homeowners learned that there were questions regarding the authenticity of the engineering reports they had received from Allstate during the claims adjustment process. The "engineering" reports that each Homeowner received were purportedly signed, stamped, and certified to contain the signing engineer's opinion of the extent of the earthquake damage based upon the engineer's personal inspection of the home. The Homeowners allege that, in fact, the reports were not prepared by engineers,  [*1093]  engineers never inspected their homes, and that, as a result, their insurance claims were undervalued, causing the Homeowners to receive less than complete compensation for the damage to their [**3]  homes.

On September 2, 1998, the Homeowners joined 20 other plaintiffs in a suit against Allstate. In their complaint, they alleged the following causes of action against Allstate: (1) violation of the Racketeer Influenced and Corrupt Organization Act ("RICO"), 18 U.S.C. §§ 1961-68, based on mail fraud; (2) negligence; (3) negligent misrepresentation; (4) intentional misrepresentation; (5) breach of the covenant of good faith and fair dealing; and (6) breach of contract.

Allstate filed separate summary judgment motions against each of the Homeowners, asserting that their claims were barred by the one-year limitations period of their insurance contracts. The district court granted all of these motions. See  Campanelli v. Allstate Ins. Co., 119 F. Supp. 2d 1073 (C.D. Cal. 2000); Campanelli v. Allstate Ins. Co., 97 F. Supp. 2d 1211 (C.D. Cal. 2000); Campanelli v. Allstate Ins. Co., 85 F. Supp. 2d 980 (C.D. Cal. 2000).

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322 F.3d 1086 *; 2003 U.S. App. LEXIS 3767 **; 2003 Cal. Daily Op. Service 1798

VITO CAMPANELLI; PEGGY CAMPANELLI; JOHN CAUDILLO; BARBARA CAUDILLO; NEIL DAMROW; GAYLE DAMROW; NANCY DURRANT; GARFIELD ECUNG; DEBRA ECUNG; GEORGE GIAKOUMAKIS; MARY LOU GIAKOUMAKIS; DONALD HUNER; TOMMIE JENKINS; CARRIE JENKINS; BRENDA KALOSH; DONALD MENCK; FLORENCE MENCK; CHERYL MONDHEIM; WILLIAM NOAH; TERRY NOAH; ROY ROSENBLATT; LORRAINE ROSENBLATT; DARLA SEVERN; LOYAL SMITH; MILDRED STAFFORD; MARILYN TABER, Plaintiffs, and JAMES HOUSE; PAT HOUSE, Plaintiffs-Appellants, v. ALLSTATE LIFE INSURANCE COMPANY, an Illinois Corporation, Defendant-Appellee, and SHADOWBROOK DESIGN GROUP, INC., a California Corporation; W.S.C., a California Corporation, dba Western States Construction, dba Western States Geotechnical, aka Western States Companies, Defendants. VITO CAMPANELLI; PEGGY CAMPANELLI; JOHN CAUDILLO; BARBARA CAUDILLO; NEIL DAMROW; GAYLE DAMROW; NANCY DURRANT; GARFIELD ECUNG; DEBRA ECUNG; GEORGE GIAKOUMAKIS; MARY LOU GIAKOUMAKIS; JAMES HOUSE; PAT HOUSE; DONALD HUNER; TOMMIE JENKINS; CARRIE JENKINS; BRENDA KALOSH; DONALD MENCK; FLORENCE MENCK; WILLIAM NOAH; TERRY NOAH; ROY ROSENBLATT; LORRAINE ROSENBLATT; DARLA SEVERN; LOYAL SMITH; MILDRED STAFFORD; MARILYN TABER, Plaintiffs, and CHERYL MONDHEIM, Plaintiff-Appellant, v. ALLSTATE LIFE INSURANCE COMPANY, an Illinois Corporation, Defendant-Appellee, and SHADOWBROOK DESIGN GROUP, INC., a California Corporation; W.S.C., a California Corporation, dba Western States Construction, dba Western States Geotechnical, aka Western States Companies, Defendants. CAMPANELLI v. ALLSTATE LIFE INS. VITO CAMPANELLI; PEGGY CAMPANELLI; JOHN CAUDILLO; BARBARA CAUDILLO; NEIL DAMROW; GAYLE DAMROW; NANCY DURRANT; GARFIELD ECUNG; DEBRA ECUNG; JAMES HOUSE; PAT HOUSE; TOMMIE JENKINS; CARRIE JENKINS; BRENDA KALOSH; DONALD MENCK; FLORENCE MENCK; CHERYL MONDHEIM; WILLIAM NOAH; TERRY NOAH; ROY ROSENBLATT; LORRAINE ROSENBLATT; DARLA SEVERN; LOYAL SMITH; MILDRED STAFFORD; MARILYN TABER; DONALD HUBER, Plaintiffs, and GEORGE GIAKOUMAKIS; MARY LOU GIAKOUMAKIS; Plaintiffs-Appellants, v. ALLSTATE LIFE INSURANCE COMPANY, an Illinois Corporation, Defendant-Appellee. VITO CAMPANELLI; PEGGY CAMPANELLI; JOHN CAUDILLO; BARBARA CAUDILLO; NEIL DAMROW; GAYLE DAMROW; NANCY DURRANT; GARFIELD ECUNG; DEBRA ECUNG; GEORGE GIAKOUMAKIS; MARY LOU GIAKOUMAKIS; JAMES HOUSE; PAT HOUSE; DONALD HUNER; TOMMIE JENKINS; CARRIE JENKINS; BRENDA KALOSH; DONALD MENCK; FLORENCE MENCK; CHERYL MONDHEIM; ROY ROSENBLATT; LORRAINE ROSENBLATT; DARLA SEVERN; LOYAL SMITH; MILDRED STAFFORD; MARILYN TABER, Plaintiffs, and WILLIAM NOAH, TERRY NOAH, Plaintiffs-Appellants, v. ALLSTATE LIFE INSURANCE COMPANY, an Illinois Corporation, Defendant-Appellee, and SHADOWBROOK DESIGN GROUP, INC., a California Corporation; W.S.C., a California Corporation, dba Western States Construction, dba Western States Geotechnical, aka Western States Companies, Defendants.

Subsequent History: US Supreme Court certiorari denied by Allstate Ins. Co. v. Noah, 157 L. Ed. 2d 886, 124 S. Ct. 1038, 2004 U.S. LEXIS 36 (U.S., 2004)

Subsequent appeal at, Remanded by Campanelli v. Allstate Life Ins. Co., 2004 U.S. App. LEXIS 5606 (9th Cir. Cal., Mar. 24, 2004)

Prior History:  [**1]  Appeals from the United States District Court for the Central District of California. D.C. No. CV 98-7185 RJK. Robert J. Kelleher, District Judge, Presiding.

Campanelli v. Allstate Ins. Co., 2000 U.S. Dist. LEXIS 2224 (C.D. Cal., Feb. 8, 2000)Campanelli v. Allstate Ins. Co., 97 F. Supp. 2d 1211, 2000 U.S. Dist. LEXIS 7471 (C.D. Cal., 2000)Campanelli v. Allstate Ins. Co., 2002 U.S. Dist. LEXIS 5085 (C.D. Cal., Mar. 19, 2002)Campanelli v. Allstate Ins. Co., 2002 U.S. Dist. LEXIS 26170 (C.D. Cal., June 18, 2002)Campanelli v. Allstate Ins. Co., 85 F. Supp. 2d 980, 2000 U.S. Dist. LEXIS 1507 (C.D. Cal., 2000)Campanelli v. Allstate Ins. Co., 119 F. Supp. 2d 1073, 2000 U.S. Dist. LEXIS 15793 (C.D. Cal., 2000)

Disposition: Reversed and remanded.

CORE TERMS

limitations period, Homeowners, revived, insured, one-year, impairment, earthquake, cause of action, expired, contracts, limitations, inception, litigated, regulated, damages, contractual, asserting, severe, legitimate public purpose, misrepresentation, appeals, cases, retroactive application, engineering report, equitable estoppel, insurance industry, earthquake damage, summary judgment, contract clause, insurance claim

Constitutional Law, Case or Controversy, Constitutional Questions, General Overview, Governments, Legislation, Statute of Limitations, Time Limitations, Insurance Law, Insurance Company Operations, Policy Forms Regulation, Claim, Contract & Practice Issues, Claims Made Policies, Liability & Performance Standards, Notice to Insurers, Reasonableness, Estoppel & Waiver, Equitable Estoppel, Disclosure Obligations by Insureds, Fraudulent Intent, Extensions & Revivals, Civil Procedure, Affirmative Defenses, Revival, Pleadings, Complaints, Extension & Revival, Remedies, Good Faith & Fair Dealing, Torts, Concerted Action, Civil Conspiracy, Congressional Duties & Powers, Contracts Clause, Public Contracts Law, Contract Provisions, Police Powers, Fundamental Rights, Procedural Due Process, Scope of Protection, Effect & Operation, Retrospective Operation, Prospective Operation