Spray, Gould & Bowers v. Associated Internat. Ins. Co

In Spray, Gould & Bowers v. Associated Internat. Ins. Co. (1999) 71 Cal.App.4th 1260, the court held summary judgment was improper because the insured raised a triable issue of fact as to whether estoppel applied, specifically whether it detrimentally relied on the insurer's failure to inform it of the policy's 12-month period within which a claim must be made. A regulation imposed on the insurer an affirmative duty to inform the insured of the limitation period. (Id. at p. 1269.) Through its ruling, the court sought to "help to insure that valid claims will not be lost by an unusually short limitations period." (Id. at p. 1274.) Spray pertains to a condition of the policy rather than a coverage provision.