Promissory Note Statute of Limitations: 6 Years

  What is the statute of limitations on a promissory note? The statute of limitations for an action upon any contract, obligation or liability founded upon an instrument in writing is four years from breach per Code of Civil Procedure section 337. However, Commercial Code section 3118(a) provides a six-year statute of limitations for “an action to enforce the obligation of a party to pay a note payable at a definite time.” The period runs from “the due date or dates stated in the note.” Continue reading

Underinsured Motorist Coverage: Pedestrian Not an Insured

  Underinsured motorist insurance covers the insured who is injured by an automobile even if the insured is a pedestrian. However, the statutorily required underinsured motorist coverage is specifically limited to the “insured.” If a person is not the insured, there is no statutorily required underinsured motorist coverage.

  In Berendes v. State Farm a pedestrian was struck and killed by an automobile. She was a rated and listed driver on an insurance policy which named her father as the insured and which covered an automobile owned by her father. She was not an insured under the statutory definition and therefore the statutorily mandated underinsured motorist coverage was unavailable to her heirs. Continue reading