Root v. American Equity Specialty Insurance Company

30 Cal. Rptr. 3d 631 (2005)

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Root v. American Equity Specialty Insurance Company

California Court of Appeal
30 Cal. Rptr. 3d 631 (2005)

  • Written by Noah Lewis, JD

Facts

Walter Root (plaintiff) represented Farideh Jalali, settling her discrimination case for $2.75 million. A year later, Jalali sued Root for malpractice. A legal-journal reporter called Root on February 25, 1999, to ask for comment. Root had not been served, and he regarded the call as a possible prank. Upon reading a legal-journal article on March 2, Root immediately reported Jalali’s suit to his legal-malpractice insurer, American Equity Specialty Insurance Company (American Equity) (defendant). The policy, which had expired on Sunday, February 28, covered malpractice claims first made against Root and reported in writing to the insurer during the policy term. Root was not offered the opportunity to purchase an endorsement extending the reporting period beyond the end of the policy. The policy listed as a condition precedent notifying the insurer of claims as soon as practicable but within the policy term. Citing the failure to timely report, American Equity declined to defend. Root sued American Equity for breach of contract, seeking recovery of his firm’s defense fees. The trial court granted summary judgment for American Equity based on Root’s untimely reporting. Root appealed.

Rule of Law

Issue

Holding and Reasoning (Sills, J.)

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