Is a plaintiff prejudiced in his claim that he was prejudiced when he refused to tender a defense to Wasson?

In considering Atlantic's contention that it was prejudiced, its flat refusal, when it was notified, to tender a defense to Wasson must be kept in mind. From the evidence in the record the trial court was justified in concluding that Atlantic's decision not to defend was not affected in any way by absence of earlier notice of the accident. Where an insurance company denied its liability under a policy it has issued, it is ordinarily deemed to have waived any claim that the notice provision of the policy has not been complied with. (Comunale v. Traders & General Ins. Co., 116 Cal.App.2d 198, 202, 203, 253 P.2d 495.) Atlantic now urges that it cannot be said here to have waived the notice provision because its denial of liability could have been predicated upon its

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