Vasilakis v. Safeway Insurance Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• notwithstanding reservation of rights letter sent to insured, insurer waived defense of noncoverage where it subsequently undertook a course of conduct inconsistent with denial of coverage
• notwithstanding reservation of rights letter sent to insured, insurer waived defense of noncoverage where it subsequently undertook a course of conduct inconsistent with denial of coverage
• waiver of a policy defense will be found upon a showing of “such facts as would make it unjust, inequitable or unconscionable to allow the defense to be interposed”
• \[A] long delay in asserting a policy defense or disclaimer is normally not enough to constitute an estoppel or waiver ... delay is an important factor to be considered where there is evidence of prejudice.\
• “While a long delay in asserting a policy defense or disclaimer is normally not enough to constitute an estoppel or waiver, such delay is an important factor to be considered where there is evidence of prejudice”

Source: CourtListener parenthetical corpus (CC0).