Bunner v. Imperial Ins. Co

In Bunner v. Imperial Ins. Co. (1986) 181 Cal. App. 3d 14, a doctor obtained medical malpractice coverage from an insurer that became insolvent. After the Insurance Commissioner was appointed liquidator, notice of the claims bar date was published and sent by mail to the doctor, albeit to an incorrect address. ( Id. at p. 18.) The doctor did not receive the notice by mail, and he submitted a claim after the claims bar date, which the Insurance Commissioner rejected as untimely. ( Id. at pp. 18-19.) The court in Bunner concluded that the doctor was properly permitted to file a late claim because he was entitled by statute to notice by mail, and his correct address was readily ascertainable by the Insurance Commissioner. ( Id. at p. 23.)