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A federal district court in California has decided that the notice-prejudice rule did not apply to a claims-made-and-reported professional liability insurance policy.

The Case

On Sept. 28, 2016, J.H., a minor, through his guardian ad litem, filed a personal injury lawsuit in a California state court against Celina Gonzalez, a certified nurse midwife, Stephen N. Pine, M.D. and S. Pine, a Medical Corporation (collectively, the defendants), alleging that J.H. had suffered bodily injury due to Gonzalez's professional negligence in delivering J.H.

The defendants tendered their defense to their professional liability insurer, Centurion Medical Liability Protective Risk Retention Group,Inc., 66 days later, on Jan. 18, 2017, when Pine provided a copy of the complaint to Centurion.