breached contract, expressed good faith and fair dealing, 4 year statute for contracts, one for bad faith ?

Question

Although it's been four years, I filed, in pro per, and served my former employer who is an insurance company. They insisted that the contract was to be "binding" and both parties to act in "good faith and fair dealing" so a final Release could be ascended to (which was, but breached hard by defendant insurance company. There was no denigration clause.

In California there is a one year statute for insurance bad faith, when an insurance company does not comply with the insuring agreement. In this case, it wasn't an insuring agreement, it was a termination agreement, whereby they were to continue to provide benefits in consideration of my immediate termination. I terminated, but they terminated my benefits. I lost everything. (it was a side agreement to a class action), class counsel and defendant insurance company all failed to disclose this to the Court (violation of FRCP 23(e)(2). Can I still pursue bad faith, though it's been four years with this expressed provision??

Answer 1

You need a lawyer my friend.

1. Is this an employment agreement of some kind?
2. When did they terminate coverage? When did you find out about the coverage being terminated?
3. Was the side-deal in writing?
4. Are you suing under an insurance contract? If not, in California is there still an implied condition of good faith and fair dealing in every contract? But isn't it not true that NOT every breach is a violation of the condition of good faith? And is it not true that often the good faith issue is a defense as much as it is a claim?
5. If your former employer misled you into believing you still had benefits and you just discovered that you didn't, wouldn't equitable tolling stop the running of the staute of limitations?
6. Isn't statute of limitations a defense that can be waived by the defendant? Isn't the statute of limitations merely a procedural statute that WHEN RAISED, might bar a claim, but does not obliterate the underlying claim? Isn't a statute of limitations NOT a statute of repose?

My suggestion is that you go to the California bar website (you mentioned California, right?), hire an attorney, and ask the above questions. Believe me, you will find a lawyer. Good ole California's got hundreds of thousands of lawyers on tap.