California Law: The Effect of an Insured's Failure to Comply with Policy Conditions

In many instances, an insured does not comply with the terms of every condition stated in a policy. Sometimes this is because the insured is not aware of the particular requirements of the policy, sometimes it is because a carrier has not required (or has waived) compliance, and sometimes it is because it is simply not practical, or possible, to comply with all of the requirements of the conditions. In many of these circumstances, insurance carriers reserve a right to deny coverage, or deny coverage on the ground that an insured has failed to comply with one or more conditions in the policy. However, whether or not an insured has complied with all of the particulars of a condition in a policy does not determine whether the insured actually forfeits coverage under the policy.

28 minute read July 30, 2007 at 12:36 PM
By
Kirk A. Pasich
California Law: The Effect of an Insured's Failure to Comply with Policy Conditions

Most insurance policies, whether third-party liability policies or first-party policies, include a wide range of conditions. While different policies contain different conditions, fairly common conditions include provisions that:

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