Fire insurance: payment due within 30 days after amount of loss and liability agreed in writing; interest from day 31
30 days after date the amount of loss and the insurer's liability were agreed upon or settled in writing, under Cal. Ins. Code 2057.
Rule text
Under a contract of fire insurance, payment to the insured shall be made within 30 days after the amount of the loss and the liability of the company have been agreed upon or settled by the insured and the company in writing.If the company fails to pay within the 30 days, the payment shall bear interest, beginning the 31st day, at the prevailing legal rate.
Calculate this deadline
Deadline
Monday, December 7, 2026
- Trigger (Date the amount of loss and the insurer's liability were agreed upon or settled in writing): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)).
Rules applied
Cal. Ins. Code 2057
Under a contract of fire insurance, payment to the insured shall be made within 30 days after the amount of the loss and the liability of the company have been agreed upon or settled by the insured and the company in writing.If the company fails to pay within the 30 days, the payment shall bear interest, beginning the 31st day, at the prevailing legal rate.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- Fees and costs of collection recoverable if legal action needed after willful failure to pay. Quote reproduces leginfo spacing (no space after 'writing.').
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the amount of loss and the insurer's liability were agreed upon or settled in writing on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date the amount of loss and the insurer's liability were agreed upon or settled in writing): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
Fees and costs of collection recoverable if legal action needed after willful failure to pay. Quote reproduces leginfo spacing (no space after 'writing.').
Related deadlines
- Fire/standard-form property policy: sworn proof of loss due within 60 days after the loss (unless extended in writing by insurer) (60 days after)
- Fire policy: mortgagee proof of loss within 60 days after notice of insured's failure to render proof (60 days after)
- Fire/property claim: insurer must provide claim-related documents within 15 calendar days after insured's request (15 days after)
- Property claim after covered loss: insurer must provide complete policy copy within 30 calendar days after request (30 days after)
- Fire/property policy appraisal: each side must select an appraiser and notify the other within 20 days of the written appraisal request (20 days after)
- Fire/property policy appraisal: if the appraisers fail for 15 days to agree on an umpire, either side may ask a judge to select one (15 days after)
- Fire/property policy: insurer must give notice of election to repair, rebuild or replace within 30 days after receipt of proof of loss (30 days after)
- Fire/property policy: loss payable 60 days after proof of loss received and loss ascertained (agreement or appraisal award filed) (60 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.