Middleton v. Imperial Ins. Co

In Middleton v. Imperial Ins. Co. (1983) 34 Cal.3d 134, two doctors had malpractice insurance with an insurer that became insolvent. (34 Cal.3d at p. 136.) The Insurance Commissioner was authorized to act as liquidator, and notices were sent by mail to insureds, but not to the doctors. (Ibid.) As a result, the doctors did not file claims within six months of the notice. (Ibid.) They subsequently filed claims two years after the claims bar date, which the Insurance Commissioner rejected as untimely. (Ibid.) The California Supreme Court concluded that because the doctors were entitled by statute to notice by mail, but they had not been given such notice, the Insurance Commissioner was estopped from rejecting their claims. (Ibid.)