BILL NUMBER: SB 1899	CHAPTERED  09/30/00

	CHAPTER   1090
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 30, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 21, 2000
	AMENDED IN ASSEMBLY   JULY 6, 2000
	AMENDED IN ASSEMBLY   JUNE 27, 2000
	AMENDED IN SENATE   MAY 23, 2000
	AMENDED IN SENATE   MAY 9, 2000

INTRODUCED BY   Senator Burton
   (Coauthors:  Senators Speier, Escutia, and Peace)
   (Coauthors:  Assembly Members Knox and Villaraigosa)

                        FEBRUARY 24, 2000

   An act to add Section 340.9 to the Code of Civil Procedure,
relating to insurers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1899, Burton.  Northridge earthquake of 1994.
   Existing law sets forth the statutes of limitations for various
causes of action, as specified.
   This bill would provide that, notwithstanding any other provision
of law or contract, certain insurance claims for damages arising out
of the Northridge earthquake of 1994 which are barred as of the
effective date of this bill solely because the applicable statute of
limitations has or had expired are hereby revived and a cause of
action thereon may be commenced provided that the action is commenced
within one year of the effective date of the bill.  The bill would
set forth related provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 340.9 is added to the Code of Civil Procedure,
to read:
   340.9.  (a) Notwithstanding any other provision of law or
contract, any insurance claim for damages arising out of the
Northridge earthquake of 1994 which is barred as of the effective
date of this section solely because the applicable statute of
limitations has or had expired is hereby revived and a cause of
action thereon may be commenced provided that the action is commenced
within one year of the effective date of this section.  This
subdivision shall only apply to cases in which an insured contacted
an insurer or an insurer's representative prior to January 1, 2000,
regarding potential Northridge earthquake damage.
   (b) Any action pursuant to this section commenced prior to, or
within one year from, the effective date of this section shall not be
barred based upon this limitations period.
   (c) Nothing in this section shall be construed to alter the
applicable limitations period of an action that is not time barred as
of the effective date of this section.
   (d) This section shall not apply to either of the following:
   (1) Any claim that has been litigated to finality in any court of
competent jurisdiction prior to the effective date of this section.
   (2) Any written compromised settlement agreement which has been
made between an insurer and its insured where the insured was
represented by counsel admitted to the practice of law in California
at the time of the settlement, and who signed the agreement.