Walker v. Pacific Indemnity Co

In Walker v. Pacific Indemnity Co. (1960) 183 Cal. App. 2d 513, the court was required to determine when a cause of action accrued against an insurance broker who negligently procured automobile liability insurance with lower limits of coverage than the car owner requested. The broker contended the action accrued when he procured the insurance, or at the latest when the car owner was involved in an accident. The court held the action did not accrue until a judgment exceeding policy limits was rendered against the car owner. The court explained that before then, the car owner "had merely suffered an exposure to liability beyond his insurance coverage -- a mere possibility that he might suffer liability beyond the indemnity afforded him. . . . Whether liability would be imposed, and if so, whether it would result in loss by exceeding his indemnification, was to be determined by the uncertainties of the personal injury litigation." ( Id. at pp. 516-517.) "The fact of any damage at all was completely uncertain until judgment in the personal injury action." ( Id. at p. 517.)