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


The following excerpt is from Slater v. Lawyers' Mutual Ins. Co., 227 Cal.App.3d 1415, 278 Cal.Rptr. 479 (Cal. App. 1991):

It is well settled in California that an insured's violation of a contract term requiring claims to be reported within a certain time frame will not [227 Cal.App.3d 1426] justify denial of coverage for that claim unless the insurance company can prove it suffered actual prejudice in defending the claim as a result of the failure to comply with the notification requirement. In the landmark case of Campbell v. Allstate Ins. Co. (1963) 60 Cal.2d 303, 32 Cal.Rptr. 827, 384 P.2d 155, Chief Justice Gibson endorsed still earlier cases establishing this principle and then proceeded to disapprove earlier lower court decisions which had ruled prejudice could be assumed.

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