Industrial Indemnity v. Superior Court

Opinion

WORK, J.

Insurer Industrial Indemnity (Industrial) seeks extraordinary relief after the court denied its motion for summary judgment in this action brought by insured Gary Kaku (Kaku). Relying on Northwestern Title Security Co. v. Flack (1970) 6 Cal.App.3d 134 [85 Cal.Rptr. 693], the court ruled Industrial must show substantial prejudice from Kaku’s late notice of a claim made against him. We distinguish this case from the circumstances reviewed in Northwestern Title Security Co. v. Flack, supra, and grant the petition because under the unambiguous terms of the policy, coverage existed…