Carpenter v. Eureka Casualty Company

In Carpenter v. Eureka Casualty Company (1936) 14 Cal. App. 2d 533, a claimant-appellant filed a claim with an insurance liquidator more than one year late through no fault of his own. ( Id. at pp. 535-536.) The claim was rejected for being untimely and the claimant then sought an OSC. ( Id. at p. 535.) However, the Eureka claimant had filed his OSC application 10 days late and thus had not met the statutory 30-day filing deadline. ( Id. at p. 536.) The statute the Eureka court cites is section 8a(1) of the "Liquidation Act," which is the predecessor statute to section 1032 and shares virtually identical language to section 1032. It states in relevant part: "When a claim is rejected by the liquidator written notice of rejection shall be given by registered mail, addressed to the claimant at the address furnished on his claim, and within thirty days after the mailing of said notice the claimant may present his claim, by way of an order to show cause, to the court in which the liquidation proceeding is pending." (Eureka, supra, 14 Cal. App. 2d at p. 536.) Consequently, the Eureka court denied the OSC application, finding the statute's requirement "mandatory and absolute. " ( Id. at p. 537.) It reasoned 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.)