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ROOT v. AMERICAN EQUITY SPECIALTY INS. CO.

No. G033818.

30 Cal.Rptr.3d 631 (2005)

130 Cal.App.4th 926

Walter H. ROOT, Plaintiff and Appellant, v. AMERICAN EQUITY SPECIALTY INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

June 28, 2005.

Attorney(s) appearing for the Case

Root & Feinstein and Walter H. Root for Plaintiff and Appellant.

Weston & McElvain, Richard C. Weston and John F. Morning, Los Angeles, for Defendant and Respondent.

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 circumstances, so the claim is not reported until there...

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