Hinshaw's Larry Golub Discusses Significance of California Supreme Court's Pro-Policyholder Ruling Involving Late Notice Claims
In The News | 1 min read
Sep 5, 2019
Hinshaw partner Larry Golub recently discussed the California Supreme Court's ruling in Pitzer College v. Indian Harbor Insurance Co. with Judy Greenwald of Business Insurance. The questions to be determined by the California Supreme Court were (1) whether California's notice-prejudice law is a fundamental policy, and (2) whether that policy overrides the consent provision in the insurance policy at issue. The Ninth Circuit had referred the questions to the court in an insurance coverage case, in which the policyholder had not provided notice "as soon as practicable" for legal and environmental remediation expenses. The insurer sought to deny coverage due to the late notice and the policyholder's failure to obtain consent before beginning remediation.
The California Supreme Court held that the state's notice-prejudice rule—under which California policyholders can proceed with their claims despite late notice, unless the insurer can prove substantial prejudice—was a fundamental policy that "protects insureds against inequitable results that are generated by insurers' superior bargaining power." The court also held that the notice-prejudice rule is applicable to the consent provision, but only applicable to first-party coverage.
Golub said the court's decision "clearly favors" policyholders, adding that "the notice-prejudice rule is a tough hurdle for insurance companies to meet in those cases it applies." He anticipated the Ninth Circuit would now apply the advice it received from the California Supreme Court to the issues before it.
"California Supreme Court rules late notice no bar to insurance claims," was published by Business Insurance on August 30, 2019
Related Capabilities
Related Locations
Featured Insights

In The News
Aug 24, 2026
David Schultz Reviews a Humorous—But Important—FDCPA Procedural Ruling

Press Release
Aug 20, 2026
115 Hinshaw Lawyers Recognized in 2027 Editions of The Best Lawyers in America® and Ones to Watch®

Press Release
Aug 20, 2026
Hinshaw’s Landmark Tower Client Project Receives 2026 Top Projects Award

Press Release
Aug 19, 2026
Fernando Rivera-Maissonet Elected as HNBA Region II Governor and Board of Governors Member

Employment Law Observer
Aug 17, 2026
Massachusetts’ First Paid Family Medical Leave Act Verdict Yields $4.75 Million Award

Press Release
Aug 13, 2026
Lauren Campisi Recognized as a 2026 BTI Client Service All-Star by BTI Consulting Group

Consumer Crossroads: Where Financial Services and Litigation Intersect
Aug 13, 2026
How Will Banks Be Impacted by the Proposed Regulation O Amendments?

Press Release
Aug 12, 2026
William Cook Honored With the Distinguished Service Award by the Chicago Bar Association

Webinar
Aug 12, 2026
John Ryan Presents on "Understanding what is Covered Under the TCPA Today"

In The News
Aug 12, 2026
Scott Seaman Analyzes California’s New Pleading Standards for Excess Insurance Policy Claims


