Campbell v. Allstate Ins., 384 P.2d 155 (Cal. 1963). · Go Syfert
Campbell v. Allstate Ins., 384 P.2d 155 (Cal. 1963). Cases Citing This Book View Copy Cite
152 citation events (58 in the last 25 years) across 33 distinct courts.
Strongest positive: Travelers Indemnity Company of Connecticut v. Newlin (casd, 2020-09-14)
Treatment trajectory · 1963 → 2026 · click a year to view as-of
1963 1994 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Travelers Indemnity Company of Connecticut v. Newlin
S.D. Cal. · 2020 · quote attribution · 1 verbatim quote · confidence high
an insurer may assert 10 defenses based upon a breach by the insured of a condition of the policy such as a 11 cooperation clause, but the breach cannot be a valid defense unless the insurer was 12 substantially prejudiced thereby.
examined Cited as authority (verbatim quote) Aerojet Rocketdyne, Inc. v. Global Aerospace, Inc.
E.D. Cal. · 2019 · quote attribution · 1 verbatim quote · confidence high
an 17 insurer may assert defenses based upon a breach by the insured of a condition of the policy such as 18 a cooperation clause, but the breach cannot be a valid defense unless the insurer was substantially 19 prejudiced thereby.
cited Cited as authority (rule) Everyday Discount, Inc. v. State Farm General Insurance Company
C.D. Cal. · 2020 · confidence medium
Co., 60 Cal.2d 303, 306 (1963).
cited Cited as authority (rule) Everyday Discount, Inc. v. State Farm General Insurance Company
C.D. Cal. · 2020 · confidence medium
Co., 60 Cal.2d 303, 306 (1963).
cited Cited as authority (rule) Lat v. Farmers New World Life Ins. Co.
Cal. Ct. App. · 2018 · confidence medium
Co., supra, 60 Cal.2d at p. 306), and prejudice is not presumed by delay alone (Shell Oil Co. v. Winterthur Swiss Ins.
cited Cited as authority (rule) Lat v. Farmers New World Life Ins. Co.
Cal. Ct. App. · 2018 · confidence medium
Co., supra, 60 Cal.2d at p. 306), and prejudice is not presumed by delay alone (Shell Oil Co. v. Winterthur Swiss Ins.
discussed Cited as authority (rule) Stephens & Stephens XII, LLC v. Fireman's Fund Insurance
Cal. Ct. App. · 2014 · confidence medium
Co. (1963) 60 Cal.2d 303, 305 [ 32 Cal.Rptr. 827 , 384 P.2d 155 ].) The doctrine is ordinarily applied to “procedural” provisions, such as timely notice requirements, rather than substantive provisions, like a repair obligation.
cited Cited as authority (rule) Abdelhamid v. Fire Insurance Exchange
Cal. Ct. App. · 2010 · confidence medium
Co. (1963) 60 Cal.2d 303, 305 [ 32 Cal.Rptr. 827 , 384 P.2d 155 ]; Allstate Ins.
discussed Cited as authority (rule) Safeco Insurance Co. of America v. Parks
Cal. Ct. App. · 2009 · confidence medium
Co. (1963) 60 Cal.2d 303, 306 [ 32 Cal.Rptr. 827 , 384 P.2d 155 ].) “Prejudice is not presumed from delayed notice alone. [Citations.] The insurer must show actual prejudice, not the mere possibility of prejudice.” (Shell Oil Co. v. Winterthur Swiss Ins.
discussed Cited as authority (rule) DOHENY PARK TERRACE HOME-OWNERS ASS'N., INC. v. Truck Ins. Exchange
Cal. Ct. App. · 2005 · confidence medium
Co. (1963) 60 Cal.2d 303, 306 [ 32 Cal.Rptr. 827 , 384 P.2d 155 ] [even if notice first received after a judgment, an insurer must still show actual prejudice from the delay].) This is the so-called notice-prejudice rule.
cited Cited as authority (rule) Brizuela v. Calfarm Insurance
Cal. Ct. App. · 2004 · confidence medium
Co. (1963) 60 Cal.2d 303, 305 [ 32 Cal.Rptr. 827 , 384 P.2d 155 ] (Campbell).
cited Cited as authority (rule) Rosen v. State Farm General Insurance
Cal. · 2003 · confidence medium
Co. (1963) 60 Cal.2d 303, 306 [ 32 Cal.Rptr. 827 , 384 P.2d 155 ].) The argument in favor of the Court of Appeal’s and the insured’s position takes the above principles as a point of departure.
discussed Cited as authority (rule) Scottsdale Insurance v. Essex Insurance
Cal. Ct. App. · 2002 · confidence medium
Co. (1963) 60 Cal.2d 303, 305-306 [ 32 Cal.Rptr. 827 , 384 P.2d 155 ], argues that it is not enough for Essex to prove Conrad’s failure to comply with the special endorsement condition but also must prove it was substantially prejudiced by such failure.
discussed Cited as authority (rule) International Insurance v. American Empire Surplus Lines Insurance
Cal. · 2000 · confidence medium
Co. (1963) 60 Cal.2d 303, 305 [ 32 Cal.Rptr. 827 , 384 P.2d 155 ] [breach of cooperation clause]; Pryor, Comparative Fault and Insurance Bad Faith (1994) 72 Tex. L.Rev. 1505, 1522-1525 [discussing contract defenses].) The insured’s breach of the covenant of good faith and fair dealing is also separately actionable as a contract claim.
discussed Cited as authority (rule) Truck Insurance Exchange v. Unigard Insurance
Cal. Ct. App. · 2000 · confidence medium
Co. (1963) 60 Cal.2d 303, 305-307 [ 32 Cal.Rptr. 827 , 384 P.2d 155 ]; Northwestern Title Security Co. v. Flack (1970) 6 Cal.App.3d 134, 140-142 [ 85 Cal.Rptr. 693 ].) Finally, we come to the provision prohibiting an insured from making voluntary payments without the insurer’s consent.
discussed Cited as authority (rule) Fireman's Fund Insurance v. Maryland Casualty Co.
Cal. Ct. App. · 1998 · confidence medium
Co. (1963) 60 Cal.2d 303, 307 [ 32 Cal.Rptr. 827 , 384 P.2d 155 ].) The references to subrogation in each of these opinions are actually dicta unnecessary to the decisions in the cases themselves, which in fact turn on classic principles of equitable contribution.
discussed Cited as authority (rule) McKee v. National Union Fire Insurance (2×)
Cal. Ct. App. · 1993 · confidence medium
Co. (1963) 60 Cal.2d 303, 305 [ 32 Cal. Rptr. 827 , 384 P.2d 155 ]; Hall v. Travelers Ins.
cited Cited as authority (rule) Shell Oil Co. v. Winterthur Swiss Insurance
Cal. Ct. App. · 1993 · confidence medium
Co. (1963) 60 Cal.2d 303, 305-307 [ 32 Cal.Rptr. 827 , 384 P.2d 155 ]; Select Ins.
cited Cited as authority (rule) Helfand v. Nationall Union Fire Insurance
Cal. Ct. App. · 1992 · confidence medium
Co. (1963) 60 Cal.2d 303, 306 [ 32 Cal.Rptr. 827 , 384 L.Ed.2d 155 ].) This rule developed in the context of “occurrence” policies such as the automobile liability policy at issue in Campbell.
cited Cited as authority (rule) Select Insurance v. Superior Court
Cal. Ct. App. · 1990 · confidence medium
Co. (1963) 60 Cal.2d 303, 305-307 [ 32 Cal.Rptr. 827 , 384 P.2d 155 ].) In Clemmer the insured shot and killed his employer.
discussed Cited as authority (rule) Pacific Employers Insurance v. Superior Court
Cal. Ct. App. · 1990 · confidence medium
Co., supra, 60 Cal.2d at p. 306 (automobile liability policy); Billington v. Interinsurance Exchange (1969) 71 Cal.2d 728, 737 [ 79 Cal.Rptr. 326 , 456 P.2d 982 ] (automobile liability policy); Abrams v. American Fidelity & Cas.
discussed Cited as authority (rule) Downey Savings & Loan Ass'n v. Ohio Casualty Insurance (2×)
Cal. Ct. App. · 1987 · confidence medium
(Campbell v. Allstate Insurance Co. (1963) 60 Cal.2d 303, 306 [ 32 Cal.Rptr. 827 , 384 P.2d 155 ].) Further, having denied liability, Ohio waived any claim of noncompliance with the provisions.
examined Cited as authority (rule) Gruenberg v. Aetna Insurance (4×)
Cal. · 1973 · confidence medium
Co., 60 Cal.2d 303, at p. 305 [ 32 Cal. Rptr. 827 , 384 P.2d 155 ].) On this theory a clear and single question of law is presented.
cited Cited as authority (rule) Moe v. Transamerica Title Insurance
Cal. Ct. App. · 1971 · confidence medium
Co. (1963) 60 Cal.2d 303, 305-307 [ 32 Cal.Rptr. 827 , 384 P.2d 155 ].) Moreover, the facts of the case are such that prejudice could not possibly have resulted.
cited Cited as authority (rule) State Farm Fire & Casualty Co. v. Miller
Cal. Ct. App. · 1970 · confidence medium
Co., 60 Cal.2d 303, 305 [ 32 Cal.Rptr. 827 , 384 P.2d 155 ]; Hynding v. Home Acc. Ins.
discussed Cited "see" Belz v. Clarendon America Insurance
Cal. Ct. App. · 2007 · signal: accord · confidence high
Exch. (1935) 5 Cal.2d 81 [ 53 P.2d 155 ]—that “prejudice may be presumed from a failure to cooperate which interferes with and precludes a proper and prompt investigation of the accident.” (Valladao, at p. 334; accord, Purefoy , at p. 88.) As the Supreme Court later clarified, “[i]n each of those cases the court found that prejudice had been established by the facts proved and that it was therefore unnecessary to determine whether a showing of prejudice should be required.” (Campbell, supra, 60 Cal.2d at p. 306 .) In a similar vein, Clarendon merely asserts that Namay’s default int…
discussed Cited "see" Jones v. St. Paul Travelers
N.D. Cal. · 2007 · signal: see · confidence high
See Campbell v. Allstate Ins., 60 Cal.2d 303 , 306, 32 Cal.Rptr. 827 , 384 P.2d 155 (1963) (to excuse obligation to indemnify, insurer must show prejudice “with respect to breach of a notice clause”).
cited Cited "see" Insurance Company of the State of Pennsylvania v. Associated International Insurance Company
9th Cir. · 1991 · signal: see · confidence high
Co., 21 Cal.App.3d 289, 302 , 98 Cal.Rptr. 547, 555 (1971); see Campbell, 60 Cal.2d at 305-07 , 384 P.2d at 156-57 , 32 Cal.Rptr. at 828-29 .
cited Cited "see" Fox Ex Rel. Fox v. National Savings Insurance Co.
Okla. · 1967 · signal: see · confidence high
See Campbell v. Allstate Insurance Co., 60 Cal.2d 303 , 32 Cal.Rptr. 827 , 384 P.2d 155 .
cited Cited "see, e.g." James K. Burns Patricia Ross Walter H. Ratcliff v. International Insurance Co. Crum & Forster
9th Cir. · 1991 · signal: see, e.g. · confidence low
See, e.g., Campbell v. Allstate Ins. *1425 Co., 60 Cal.2d 303, 305-06 , 32 Cal.Rptr. 827, 828 , 384 P.2d 155, 156 (1963).
discussed Cited "see, e.g." Lindus v. Northern Insurance Company of New York
Ariz. · 1968 · signal: see also · confidence low
See also Campbell v. Allstate Insurance Co., 60 Cal.2d 303 , 32 Cal.Rptr. 827 , 384 P.2d 155 ; Reed v. Pacific Indemnity Co., 101 Cal.App.2d 151 , 225 P.2d 255 ; Day v. Hartford Accident and Indemnity Co., D.C., 223 F.Supp. 953 ; Keith v. Lutzweit, 106 Ohio App. 123 , 153 N.E.2d 695 ; Powell v. Home Indemnity Co., 343 F.2d 856 (8th Cir.) Moreover, the burden of proving prejudice is on the insurance company.
Retrieving the full opinion text from the archive…
LOVI CAMPBELL Et Al., Plaintiffs and Appellants,
v.
ALLSTATE INSURANCE COMPANY, Defendant and Respondent
S. F. 21322.
California Supreme Court.
Aug 15, 1963.
384 P.2d 155
1963 Cal. LEXIS 239
Athearn & Athearn, Forden Athearn and Barry M. Wally for Plaintiffs and Appellants., Walcom & Harmon and Leo J. Walcom for Defendant and Respondent.
Gibson.
Cited by 1 opinion  |  Published
GIBSON, C. J.

Plaintiffs brought this action to compel defendant insurer to pay a default judgment they had obtained against its insured, Marvin Hammer. The court, sitting without a jury, denied recovery, and plaintiffs have appealed.

In November 1954 plaintiffs stopped their automobile at a stoplight and were struck from the rear by an automobile driven by Hammer. The police report of the accident states that Hammer was cited for following too closely and for driving with an expired license, that he admitted he had been drinking, and that he refused to give a written statement. He told plaintiffs that he was insured and that “everything would be taken care of.”

On the day of the accident Hammer notified defendant by telegram that he had been involved in a collision and that his car had been towed to a certain garage. The telegram contained Hammer’s address and policy number, and defendant thereafter tried to contact him at his home and business addresses without success. Messages for him were left with his daughter and estranged wife, but he did not reply. Defendant wrote Hammer two letters stating that a serious personal injury had resulted from the accident, that under a cooperation clause in the policy he was required to give defendant a statement as to his version of the accident, and that[*305] defendant was not waiving any of its rights under the policy. The first letter was apparently returned to defendant. Defendant got a signed return receipt for the second letter, but Hammer did not reply.

Plaintiffs filed an action against Hammer for damages resulting from injuries sustained in the accident and notified defendant. They, too, had difficulty in locating Hammer, and their investigation indicated that he had left the state and resided for short periods in Oregon and Illinois. In 1958 plaintiffs learned that Hammer had returned to California and by a “fortuitous circumstance” located him in Salinas. He was served with process in March of that year, and plaintiffs forwarded a copy of the summons and complaint to defendant. Hammer did not communicate with defendant or answer the complaint, and a default judgment was secured which awarded damages of $33,329.91 to one of the plaintiffs and $2,500 to the other.

The policy, under which the insurance for liability to any one person is limited to $10,000, provides that in the event of an accident written notice containing all particulars shall be given “by or for the insured” to defendant as soon as practicable, that, if claim is made or suit is brought against the insured, he shall forward the summons, and that the insured shall cooperate with defendant, disclosing all pertinent facts, and upon defendant’s request shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses, and conducting suits. The policy also provides that no action will lie against defendant until all of its terms are complied with. These provisions are made conditions of the coverage for personal injury and property damage liability.

The evidence is clearly sufficient to support the finding of the trial court that Hammer breached the contract of insurance by failing to cooperate with defendant. Plaintiffs contend, however, that the record does not support the further finding that defendant was prejudiced by the breach.

The right of an injured party to sue an insurer on the policy after obtaining judgment against the. insured is established by statute. (Ins. Code, § 11580.) An insurer may assert defenses based upon a breach by the insured of a condition of the policy such as a cooperation clause, but the breach cannot be a valid defense unless the insurer was substantially prejudiced thereby. (Hynding v. Home Acc. Ins. Co. (1932) 214 Cal. 743, 746 et seq. [7 P.2d 999, 85 A.L.R.[*306] 13]; Wormington v. Associated Indem. Corp., 13 Cal.App.2d 321, 325 [56 P.2d 1254] ; Norton v. Central Surety & Ins. Co., 9 Cal.App.2d 598, 601 [51 P.2d 113]; Panhans v. Associated Indemnity Corp., 8 Cal.App.2d 532, 533 et seq. [47 P.2d 791] ; see Jensen v. Eureka Casualty Co., 10 Cal.App.2d 706, 708 [52 P.2d 540] ; 29A Am.Jur. 584.) Similarly, it has been held that prejudice must be shown with respect to breach of a notice clause. (Abrams v. American Fidelity & Cas. Co., 32 Cal.2d 233, 237, 239 [195 P.2d 797]; Reed v. Pacific Indemnity Co., 101 Cal.App.2d 151, 161 [225 P.2d 255]; Gibson v. Colonial Ins. Co., 92 Cal.App.2d 33, 35-36 [206 P.2d 387] ; see National Auto. & Cas. Ins. Co. v. Brown, 197 Cal.App.2d 605, 608 [17 Cal.Rptr. 347].) We are satisfied that the requirement of prejudice set forth in these decisions is proper. The eases of Valladao v. Fireman’s Fund Indem. Co., 13 Cal.2d 322, 331 [89 P.2d 643], and Purefoy v. Pacific Automobile Indem. Exchange, 5 Cal.2d 81, 87 [53 P.2d 155], relied upon by defendant, are not contrary to the views expressed herein. In each of those eases the court found that prejudice had been established by the facts proved and that it was therefore unnecessary to determine whether a showing of prejudice should be required.

The burden of proving that a breach of a cooperation clause resulted in prejudice is on the insurer. (Norton v. Central Surety & Ins. Co., 9 Cal.App.2d 598, 601 [51 P.2d 113]; Panhans v. Associated Indemnity Corp., 8 Cal.App.2d 532, 533-535 [47 P.2d 791] ; Griffin v. Fidelity & Casualty Co. of New York (5th Cir.) 273 F.2d 45, 48; Western Casualty & Surety Co. v. Weimar (9th Cir.) 96 F.2d 635, 636; Jameson v. Farmers Mutual Automobile Ins. Co., 181 Kan. 120 [309 P.2d 394, 400]; Allen v. Cheatum, 351 Mich. 585 [88 N.W.2d 306, 311]; see 29A Am.Jur. 584; Note 60 A.L.R.2d 1146, 1154.) The only evidence introduced by defendant to show prejudice was the testimony of defendant’s regional claim manager that a report by the insured is required to guard against false claims, verify that there has been an accident, and determine liability. Defendant had access to the police report and also knew the location of Hammer’s automobile. This gave defendant sufficient opportunity to verify that there had been an accident. The facts indicate that plaintiffs were innocent of fault, that Hammer was negligent, and that defendant would have been liable on its policy even if Hammer had cooperated with it. The evidence is not sufficient to show prejudice and the finding that defendant[*307] was prejudiced is without support unless, as urged by defendant, a presumption of prejudice arises from a violation of the cooperation clause.

In reaching its decision, the trial court properly determined that it was bound by Margellini v. Pacific Automobile Ins. Co., 33 Cal.App.2d 93, 99-100 [91 P.2d 136], where it was reasoned that prejudice “must be presumed” as a matter of law from the breach of a cooperation clause by conduct similar to that involved here. We have concluded, however, that this reasoning is unsound and that Margellini should be disapproved. No statutory basis for the presumption of prejudice has been cited or found, and presumptions should not be created judicially unless there are compelling reasons for doing so. Although it may be difficult for an insurer to prove prejudice in some situations, it ordinarily would be at least as difficult for the injured person to prove a lack of prejudice, which involves proof of a negative. The presumption would not be in keeping with the public policy of this state to provide compensation for those negligently injured in automobile accidents through no fault of their own (Inter-insurance Exchange v. Ohio Cas. Ins. Co., 58 Cal.2d 142, 153-154 [23 Cal.Rptr. 592, 373 P.2d 640] ; Wildman v. Government Employees Ins. Co., 48 Cal.2d 31, 39 [307 P.2d 359]), and we are of the view that a judicially created presumption of prejudice, whether conclusive or rebuttable, is unwarranted (in accord: Allen v. Cheatum, supra, 351 Mich. 585 [88 N.W. 2d 306, 311-312]).

Margellini v. Pacific Automobile Ins. Co., 33 Cal.App.2d 93, is disapproved insofar as it is inconsistent with the views we have expressed regarding the impropriety of a presumption of prejudice. Statements contrary to our views appearing in Wasson v. Atlantic National Ins. Co., 207 Cal.App.2d 464, 467 [24 Cal.Rptr. 665], National Auto. & Cas. Ins. Co. v. Brown, 197 Cal.App.2d 605, 609-610 [17 Cal.Rptr. 347], Security Ins. Co. v. Snyder-Lynch Motors, Inc., 183 Cal.App.2d 574, 581 [7 Cal.Rptr. 28], and Gibson v. Colonial Ins. Co., 92 Cal.App.2d 33, 36 [206 P.2d 387], are also disapproved.

The judgment is reversed.

Traynor, J., Schauer, J., McComb, J., Peters, J., Tobriner, J., and Peek, J., concurred.