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Bullivant Houser Bailey: California Court Rejects Declination Regardless of Insured's Breach of Proof of Loss and Notice Requirements

By Jess B. Millikan , Shareholder, Bullivant Houser Bailey PC Once again, insurers are reminded that California courts may not enforce clear and plain language in their contracts. While California courts frequently recognize that insurance policies are contracts, they also frequently "pick...

California Courts Continue Carefully to Review and Apply Claims-Made-And-Reported Provisions As Drafted

Within the past year, two federal district courts in California issued decisions that analyzed how coverage triggers operate under a claims-made-and-reported policy. Ace Capital Ltd. v. ePlanning, Inc. , 2013 U.S. Dist. LEXIS 32613, *23-26 (E.D. Cal. Mar. 7, 2013) [ enhanced version available to lexis...