Is a clause in an insurance policy a condition precedent to collection of a claim?

California, United States of America


The following excerpt is from Gruenberg v. Aetna Ins. Co., 108 Cal.Rptr. 480, 510 P.2d 1032, 9 Cal.3d 566 (Cal. 1973):

Hickman v. London etc., 184 Cal. 524, 195 P. 45 (not overruled) and other well reasoned cases hold that the clause in the policy upon which insurer at bench relies is a condition precedent to collection of a claim.

Section 2071 of the Insurance Code says in pertinent part:

'No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with * * * .' (Claflin v. Com [510 P.2d 1049] monwealth

Page 497

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