What are the elements of estoppel in the insurance context?

California, United States of America


The following excerpt is from State Farm Fire & Cas. Co. v. Wier, A125563, A127243, A127551 (Cal. App. 2012):

The elements of estoppel in the insurance context are "(1) The party to be estopped has engaged in blameworthy or inequitable conduct; (2) that conduct caused or induced the other party to suffer some disadvantage; and (3) equitable considerations warrant the conclusion that the first party should not be permitted to exploit the disadvantage he has thus inflicted upon the second party." (City of Hollister v. Monterey Ins. Co. (2008) 165 Cal.App.4th 455, 488.) "There can be no estoppel where one of the[] elements is missing." (Green v. Travelers Indemnity Co. (1986) 185 Cal.App.3d 544, 556.) "In the insurance context especially, estoppel may arise from a variety of circumstances in which the insurer's conduct threatens to unfairly impose a forfeiture of benefits upon the insured." (City of Hollister v. Monterey Insurance Co., supra, at p. 488.)

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