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DUTY TO DISCLOSE COVERAGE

June 24, 2019

Comments

California Code of Regulations section 2695.4 requires an insurer to disclose all benefits, coverages or other provisions of the insurance policy that may apply to the claim presented. Failure to advise the policyholder of pertinent time limits resulted in waiver to enforce those time limits. Spray, Gould & Bowers v. Associated International Ins. Co., 71 Cal. App. 4th 1260, 1272-73 (1999); Sarchett v. Blue Shield of California. 43 Cal. 3d 1, 15 (1987); See also Textron Financial Corp. v. National Union, 118 Cal. App. 4th 1061 (2004)(punitive damages awarded for concealment of coverage); Hangarter v. Paul Revere Life Ins. Co., 236 F. Supp. 2d 1069 (N.D.Cal. 2002), aff’d, 373 F. 3d 998 (9th Cir. 2004)(failure to advise insured of coverage amongst many other bad faith acts); Ramirez v. U.S.A.A., 234 Cal. App. 3d 391 (1991)( duty to disclose possible existence of underinsured motorist coverage).

Baron v. Fire Insurance Exchange, 154 Cal. App. 4th 1184 (2007). Misrepresentations and concealment of coverage for fire loss. Punitive damages upheld.