Todd Christianson v. Conrad-Houston…

Summary

The court affirmed dismissal of Christianson's professional-negligence claim against his insurance broker as untimely. It held that the insurer's initial letter, combined with Christianson's knowledge of the coverage exclusions and his immediate defense expenses, placed him on inquiry notice and began the three-year limitations period in September 2004; a reasonable inquiry would have revealed the alleged broker negligence. The court also held that equitable tolling was unavailable because the argument was unpreserved and inadequately briefed and because Christianson had not pursued a claim against the broker in a judicial or quasi-judicial forum. Justice Fabe, dissenting, would have treated the claim as unripe until the insurer formally denied coverage in 2006 and would have equitably tolled the limitations period during the related litigation.