CALIFORNIA
Metropolitan News-Enterprise
By KENNETH OFGANG, Staff Writer
An alleged victim of childhood sex abuse victim who received assistance from the defendant’s insurer years ago may claim the benefit of an Insurance Code provision that tolls the statute of limitations, the Court of Appeal for this district ruled yesterday
Div. Eight revived an action brought against official of the Roman Catholic Church by a man who claims he was abused by a parish priest in 1987 and 1988 when he was 12 or 13 years old. He retained counsel in 2008, he alleged, the same year he discovered that the molestation had caused adult-onset psychological injuries.
The plaintiff, identified as John Me Doe, further alleged tolling of the statute of limitations under Insurance Code Sec. 11583. The statute provides that an advance or partial payment of damages by an insurer is not an admission of liability, but that if the injured party is not represented by counsel, the insurer must advise that party in writing of the statute of limitations.
Failure to do so, the law says, tolls the statute until notice is given.
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