Law Practice,
Insurance,
California Courts of Appeal
Nov. 24, 2017
Claims-made-and-reported policies and Section 3275
This case involves one of the worst nightmares" faced by a professional under a malpractice policy.
INSURANCE INSIGHTS
What relief is available to policyholders who run afoul of the reporting provision in a "claims-made-and-reported" policy?
Policyholders have argued for application of the notice-prejudice rule to claims-made-and-reported policies. This rule requires an insurer to demonstrate actual prejudice before denying coverage on the ground of late notice. While this argument has met resistance from ...
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