“New” California Civil Code of Procedure (CCP) Sections 999.1-5
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Questions and Answers

What is a "time-limited demand" according to CCP §999?

  • A request for more time in filing a complaint
  • An offer to settle a claim made by a claimant to a tortfeasor prior to the filing of the complaint (correct)
  • A demand for immediate payment of damages
  • A directive to extend the statute of limitations

    • What are "extracontractual damages" under CCP §999?

  • Damages included in a liability insurance policy
  • Damages exceeding the total available limit of liability insurance (correct)
  • Damages limited to contractual terms
  • Damages calculated based on the contract date

    • According to CCP §999.1, which one of these terms must a "time-limited demand" contain or abide by?

  • A demand for unlimited damages
  • An admission of liability by the Defendant
  • No specific terms are required
  • A minimum acceptance period of 30 days (correct)

    • How should a demand be labeled according to CCP §999.1?

    <p>Time Limited Demand or it must reference to CCP §999.1-5</p> Signup and view all the answers

    Where must the demand be sent according to CCP §999.2?

    <p>The designated email or physical address of the liability insurer</p> Signup and view all the answers

    What does CCP §999.3 state about requests for clarification or additional information during the acceptance period?

    <p>They do not constitute a counteroffer or rejection</p> Signup and view all the answers

    When must an insurer send a rejection according to CCP §999.3?

    <p>Before the expiration date of the demand</p> Signup and view all the answers

    What is the consequence of a demand that does not substantially comply with CCP §999.1?

    <p>It is not considered a reasonable offer to settle in a subsequent bad faith action</p> Signup and view all the answers

    According to CCP §999.5, to which types of claims does this section apply?

    <p>Claims covered under automobile, motor vehicle, homeowner, or commercial premises liability insurance policies for property damage, personal or bodily injury, and wrongful death claims.</p> Signup and view all the answers

    You have a Tier 111, Rank A, wrongful death, accepted liability case. Defendant has a $100,000 policy and we sent a policy limit demand with all available information. Defendant’s Insurance ACCEPTS the policy limit demand, but ONE DAY AFTER the expiration date, and they do so via phone call. The adjuster requests an extension to obtain a declaration no course and scope, etc. What do you do?

    <p>All of the above</p> Signup and view all the answers

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