California E&S Insurance

I am 100% correct, and I'll prove it. Below is a link to an expert attormey that specializes in insurance. The article cites case law and is quite the cautionary tale of not disclosing potential claims. https://www.gentrylocke.com/when-to-give-notice-of-an-accident-or-occurrence-under-your-liability-insurance-policy/ If you don't want to read the whole thing, here are the pertinent passages: [The duty to give notice is triggered by the occurrence of “an incident which was sufficiently serious to lead a person of ordinary intelligence and prudence to believe that it might give rise to a claim for damages covered by the policy.”] Okay, no problem so far, but here is the critical part: [Also, the duty extends not only to claims that may have validity, but “any claim arguably covered by the policy may be brought, even claims that may ultimately fail or that the insured may believe are not valid in law or fact.”] The insurance company has an interest in investigating and mitigating possible claims, even frivilous ones. They can and will deny a claim where the neighbor was asserting the insured had damaged their property, and the insured did not notify the insurance company in a timely manner. This is not some grandiose conspiracy theory by me. The insurance company will enforce the contract as written and in accordance with relevant case law. Insurance adjusters are trained to identify such breaches, and they get a pat on the back for saving the insurance company money. Personally, I don't think it's fair to expect the insured to know that his crazy neighbor's nonsense has to be reported, but you live by the contract when it comes to insurance.

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