Can an insurer intentionally relinquish its right to rely on the limitations provision?
MultiRegion, United States of America
The following excerpt is from Seed v. Nationwide Agribusiness Ins. Co., Civil No. 12cv146 L (BLM) (S.D. Cal. 2014):
As noted above, "[i]t is settled law that a waiver exists whenever an insurer intentionally relinquishes its right to rely on the limitations provision." Velasquez v. Truck Ins. Exchange, 1 Cal. App.4th 712, 722 (1991). The relinquishment must be intentional and it may be shown "when a party's acts are so inconsistent with an intent to enforce the right as to induce a reasonable belief that such right has been relinquished." Waller 11 Cal.4th at 33.
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