The Ninth Circuit Court of Appeals affirmed that an insured's noncompliance with the notice provision of their policy meant the insurer was not obligated to provide coverage. The case is Heritage Bank of Commerce v. Zurich Am. Ins. Co., 2024 U.S. App. LEXIS 4524 (9th Cir. 2024). Please note that this case is unpublished and therefore has limited precedential value. 

Heritage purchased a claims-made-and-reported policy from Zurich. The notice provision in that policy required Heritage to notify Zurich's claims department of a claim or potential claim in writing sent to a specific address. During the policy period, Heritage became aware of a potential claim; however, Heritage notified Zurich's underwriting department of the potential claim over email. Later, Zurich refused to provide coverage for that claim based on Heritage's noncompliance with the notice provision. 

Heritage sued Zurich for coverage, and Zurich filed a motion to dismiss the complaint for failure to state a claim. The District Court granted Zurich's motion, stating that Heritage had not substantially complied with the policy's notice provision. Heritage appealed.