Civil Litigation,
Insurance
Oct. 26, 2018
Court says insurer can’t dodge coverage through ‘technical escape hatch’
A recent Court of Appeal opinion said the notice-prejudice rule precluded the denial of life insurance benefits based upon the insured’s failure to give timely notice of disability as required under a disability premium waiver provision in the life insurance policy.
Robert J. McKennon
Shareholder
McKennon Law Group PC
20321 SW Birch St Ste 200
Newport Beach , CA 92660
Phone: (949) 387-9595
Fax: (949) 385-5165
Email: rm@mckennonlawgroup.com
USC Law School
Robert specializes in representing policyholders in life, health and disability insurance, insurance bad faith, ERISA and unfair business practices litigation. His firm's California Insurance Litigation Blog can be found at www.californiainsurancelitigation.com.
Most first-party insurance policies, including life insurance, disability insurance, property insurance and liability insurance policies, require that an insured policyholder provide notice of a claim within a specified period of time, typically, "as soon as practicable," "during the Elimination Period" or a similar formulation. See, e.g., Ins. Code Section 10350.7 (requirement in disability policies). With respect to liability insurance po...
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