Root v. American Equity Specialty Ins. Co

In Root v. American Equity Specialty Ins. Co. (2005) 130 Cal.App.4th 926, the court concluded that the reporting requirement in a claims-made professional malpractice insurance policy was "equitably excused." (Id., at p. 929.) The plaintiff, Root, was an attorney. Three days before his malpractice insurance was due to expire, a former client filed a malpractice action against him. When Root learned of the suit two days after the expiration, he immediately notified his insurer, which "denied any coverage under the policy because Root had not reported the claim during the policy period." (Id., at p. 931.) The trial court granted summary judgment in the insurer's favor, and Root appealed. The Court of Appeal concluded that the reporting requirement in Root's policy "functions as a condition precedent to coverage, not as a definition of coverage." (Root v. American Equity Specialty Ins. Co., supra, 130 Cal.App.4th at p. 946.) The court noted that California has a "common law rule that conditions can be excused if equity requires it." (Id., at p. 948.) In view of the particular circumstances of the case before it, the court decided that "it would be 'most inequitable' to enforce the condition precedent of a report during the policy period." (Ibid.) Accordingly, the court reversed the summary judgment. It "emphasized the narrowness of its decision." (Id., at p. 929.) The court stated, "By no means do we blanketly apply a blunderbuss 'notice-prejudice' rule to this, or any other claims made and reported malpractice policy." (Ibid.)