Fire/property insurance policy suit, loss related to state of emergency: 24 months after inception of loss
24 months after date of inception of the loss (loss related to a state of emergency, gov. code 8558(b)), under Cal. Ins. Code 2071(a) (Suit provision).
Rule text
Suit: No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with, and unless commenced within 12 months next after inception of the loss. If the loss is related to a state of emergency, as defined in subdivision (b) of Section 8558 of the Government Code, the time limit to bring suit is extended to 24 months after inception of the loss.
Calculate this deadline
- Trigger (Date of inception of the loss (loss related to a state of emergency, Gov. Code 8558(b))): Friday, November 6, 2026.
- Add 24 months: Monday, November 6, 2028.
Cal. Ins. Code 2071(a) (Suit provision)
Suit: No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with, and unless commenced within 12 months next after inception of the loss. If the loss is related to a state of emergency, as defined in subdivision (b) of Section 8558 of the Government Code, the time limit to bring suit is extended to 24 months after inception of the loss.Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 350
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." CCP 350: "An action is commenced, within the meaning of this Title, when the complaint is filed."Official source
- Alternative to fire_policy_suit_2071_12mo when the loss relates to a Gov. Code 8558(b) state of emergency. Contractual period in the California Standard Form Fire Insurance Policy (Ins. Code 2071(a)), as amended by Stats. 2018, ch. 639 (AB 2594), eff. Sept. 21, 2018. EQUITABLE TOLLING NOT APPLIED: the period is tolled from the time the insured gives notice of the loss to the insurer until the insurer formally denies the claim in writing (Prudential-LMI Com. Ins. v. Superior Court (1990) 51 Cal.3d 674); add the tolled days manually. Inception of the loss = when appreciable damage occurs and would be known to a reasonable insured (same case). Applies to suits 'on the policy'; extracontractual bad-faith tort claims may carry different periods (case law). Policies may grant longer periods; Ins. Code 2071.1 and residential-disaster provisions (not fetched) may also matter. NOT APPLIED BY THE ENGINE: (1) accrual: the engine counts from the date you enter; the common-law discovery rule and delayed-accrual doctrines (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797; Norgart v. Upjohn Co. (1999) 21 Cal.4th 383), continuing-violation and continuous-accrual doctrines can move the start date, so enter the correct accrual date. (2) tolling: minority or lack of legal capacity (CCP 352), defendant's absence from California (CCP 351, limited by commerce-clause case law), imprisonment (CCP 352.1, max 2 years), equitable tolling, written waivers/tolling agreements (CCP 360.5), acknowledgment or part payment (CCP 360), bankruptcy (11 U.S.C. 108(c)), and Judicial Council Emergency Rule 9 (2020 Covid-19 tolling of civil limitations periods) are NOT applied. An action is commenced when the complaint is filed (CCP 350). Last day on a Saturday, Sunday or judicial holiday rolls to the next court day (CCP 12a; CCP 366.2(b)(1) confirms 12 and 12a apply to limitations periods).
- 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 of inception of the loss (loss related to a state of emergency, Gov. Code 8558(b)) on Monday, March 15, 2027, personal service: due Thursday, March 15, 2029.
- Trigger (Date of inception of the loss (loss related to a state of emergency, Gov. Code 8558(b))): Monday, March 15, 2027.
- Add 24 months: Thursday, March 15, 2029.
Notes
Alternative to fire_policy_suit_2071_12mo when the loss relates to a Gov. Code 8558(b) state of emergency. Contractual period in the California Standard Form Fire Insurance Policy (Ins. Code 2071(a)), as amended by Stats. 2018, ch. 639 (AB 2594), eff. Sept. 21, 2018. EQUITABLE TOLLING NOT APPLIED: the period is tolled from the time the insured gives notice of the loss to the insurer until the insurer formally denies the claim in writing (Prudential-LMI Com. Ins. v. Superior Court (1990) 51 Cal.3d 674); add the tolled days manually. Inception of the loss = when appreciable damage occurs and would be known to a reasonable insured (same case). Applies to suits 'on the policy'; extracontractual bad-faith tort claims may carry different periods (case law). Policies may grant longer periods; Ins. Code 2071.1 and residential-disaster provisions (not fetched) may also matter. NOT APPLIED BY THE ENGINE: (1) accrual: the engine counts from the date you enter; the common-law discovery rule and delayed-accrual doctrines (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797; Norgart v. Upjohn Co. (1999) 21 Cal.4th 383), continuing-violation and continuous-accrual doctrines can move the start date, so enter the correct accrual date. (2) tolling: minority or lack of legal capacity (CCP 352), defendant's absence from California (CCP 351, limited by commerce-clause case law), imprisonment (CCP 352.1, max 2 years), equitable tolling, written waivers/tolling agreements (CCP 360.5), acknowledgment or part payment (CCP 360), bankruptcy (11 U.S.C. 108(c)), and Judicial Council Emergency Rule 9 (2020 Covid-19 tolling of civil limitations periods) are NOT applied. An action is commenced when the complaint is filed (CCP 350). Last day on a Saturday, Sunday or judicial holiday rolls to the next court day (CCP 12a; CCP 366.2(b)(1) confirms 12 and 12a apply to limitations periods).
Related deadlines
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.