In a medical malpractice claim, under what circumstances must an insured be aware of the risk to his or her property?
MultiRegion, United States of America
The following excerpt is from Cherewick v. State Farm Fire & Cas., Case No.: 3:20-cv-00693-BEN-MSB (S.D. Cal. 2020):
property at and after time of loss or when property is endangered by peril insured against," the insured must have knowledge of a "readily identifiable, imminent, and real peril, endangering the property." Tuchman v. Aetna Cas. & Sur. Co., 52 Cal. Rptr. 2d 274, 279 (Cal. 1996).
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