Can an insurance company reduce coverage on a renewal policy when the policy is issued but the insured is not notified of the reduction in coverage?

California, United States of America


The following excerpt is from Davis v. United Services Auto. Assn., 223 Cal.App.3d 1322, 273 Cal.Rptr. 224 (Cal. App. 1990):

"It is a long-standing general principle applicable to insurance policies that an insurance company is bound by a greater coverage in an earlier policy when a renewal policy is issued but the insured is not notified of the specific reduction in coverage. [Citations.]" (Fields v. Blue Shield of California (1985) 163 Cal.App.3d 570, 579, 209 Cal.Rptr. 781.) "[E]xceptions and limitations on coverage the insured could reasonably expect must be called to the subscriber's attention clearly and plainly before the exclusion will be interpreted to relieve the insurer of the liability for performance." (Ibid.)

Other Questions


Is a motor vehicle insurance policy that includes a policy of insurance that includes uninsured motorist coverage precludes stacking of uninsured motor vehicle coverages? (California, United States of America)
Is it a violation of public policy of this state for an insurer to issue a policy of insurance which does not cover an accident which occurs when other than the insured is not an accident? (California, United States of America)
Can an insured's failure to notify the insurance company within a certain time frame justify denial of coverage for a claim? (California, United States of America)
Is a policy of insurance that does not cover an accident which occurs when a person, other than the insured, is driving with the permission and consent of the insured a violation of the public policy of this state? (California, United States of America)
What is the test of good faith and fair-dealing in the context of an insurance policy where the insurer is required to hire an attorney to defend the insured against the insured? (California, United States of America)
Does an insurance company have a right to limit the coverage of a policy issued by it? (California, United States of America)
Does a policy exclusion for operation of a motor vehicle by an insured exclude an insured parent from coverage? (California, United States of America)
When will an insurance policy require an insurer to assume liability for someone who is injured before the policy expires? (California, United States of America)
How have courts dealt with the issue of cancellation of insurance policies when the policy has been deemed to be "substantial and continuing" for a period of time? (California, United States of America)
Does a change in beneficiaries of a life insurance policy change the beneficiaries of the beneficiary of the deceased's life insurance policies violate section 172 of the Civil Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.