What is the test for compliance with the uninsured motorist provision of the insurance policy?

California, United States of America


The following excerpt is from Dakota BLANKENSHIP V. ALLState Ins. Co., C059423, No.162222 (Cal. App. 2010):

The statute imposes an absolute obligation on the insured to comply with its mandates or else the insured forfeits his claim. "One of these three events must occur as a condition precedent to the accrual of a cause of action against the insurer." (Spear v. California State Auto. Assn. (1992) 2 Cal.4th 1035, 1039.) "[T]his statute creates an absolute prerequisite to the accrual of a potential cause of action under the uninsured motorist provision of an insurance policy." (Id. at p. 1041.)

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