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Sep. 16, 2016
Equitable estoppel may limit ability to enforce policy conditions
When an insurer fails to honor statutory and common law duties, California's doctrine of equitable estoppel may preclude the insurer from relying on the insured's subsequent noncompliance with a policy condition to avoid its coverage obligations. By Shaun H. Crosner
Shaun H. Crosner
Partner
Pasich LLP
Phone: (424) 313-7844
Email: scrosner@pasichllp.com
Shaun represents insureds in complex insurance matters.
Insurance policies frequently contain various procedural conditions purporting to impose requirements or deadlines with which the insured must comply in order to obtain coverage for a loss or claim. For instance, first-party insurance policies often specify time periods in which the insured is to (i) file a sworn proof of loss; (ii) elect whether to repair or replace a damaged building or property; and (iii) in the event of a d...
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