California Court of Appeal June 28, 2005, G033818 (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