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Hinshaw's Larry Golub Discusses Significance of California Supreme Court's Pro-Policyholder Ruling Involving Late Notice Claims

September 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.

Read the full article on the Business Insider website

"California Supreme Court rules late notice no bar to insurance claims," was published by Business Insurance on August 30, 2019

Hinshaw & Culbertson LLP is a U.S. based law firm with offices in 11 states and London. The firm's national reputation spans the insurance industry, the professional services sector—including representation of law firms and lawyers—and other highly regulated industries, such as banking and finance and the debt collection sector. Hinshaw also provides a series of closely coordinated litigation, business advisory and transactional services to clients of all sizes as well as governmental and public sector entities.

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