Carpenter v. Eureka Casualty Co

In Carpenter v. Eureka Casualty Co. (1936) 14 Cal.App.2d 533, the court construed the provisions of the Insurance Code here at issue. In considering a claim filed with the commissioner more than 13 months after the statutory claims filing deadline, the court stated, "that when the legislature has, by statute, prescribed the mode and manner in which a right may be exercised, the courts are without authority to make a change." ( Id., at p. 536.) Additionally, the court held that when a statute does not create an exception, there will be none. ( Id., at p. 537.) The statute involved in Carpenter was the predecessor to the sections of the Insurance Code hereinabove discussed. (Stats. 1919, ch. 178, p. 265, as amended by Stats. 1933, ch. 534, p. 1420.)