Root v. American Equity Specialty Insurance

Opinion

SILLS, P. J.

I. INTRODUCTION

This case involves one of the worst nightmares faced by most every attorney, doctor, accountant or other professional covered by a malpractice insurance policy: the possibility of no malpractice coverage under a “claims made and reported” policy where a claim is made very late in the policy period and the insured learns of the claim under highly ambiguous circumstances, so the claim is not reported until there is confirmation of that claim, which is shortly after the policy has expired.

In such a situation, however, California’s traditional common law of…