Discovery
Civ-Pro
Case Summary |
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4069 For purposes of a "claims made" insurance policy, a claim against the insured is made when it is filed; however, if the insured reasonably was not aware of its existence until it was served upon him/her after the policy expired, s/he may be equitably excused from compliance with the policy condition requiring notice to the insurer while the policy is in effect.CitationROOT v AMERICAN EQUITY (Claims Made) 130 CA4 926 [See: Jalali v Root 109 CA4 624, T/AT 7/03; O'Morrow v Borad 27 C2 794] |
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Finz Case Law Summaries (Finz Advance Tapes)
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