Late Notices

News & Analysis as of

Second Circuit Finds That Late Notice Bars Claims Against Reinsurer

The Court of Appeals for the Second Circuit affirmed a lower court’s ruling in favor of TIG Insurance Company, finding that AIU Insurance Company’s belated notice of claim to TIG under nine certificates of facultative...more

California District Court Denies Motion to Strike Rule 68 Offer of Judgment to Putative Class Representative, But Grants Motions...

In a recent case in the United States District Court for the Northern District of California, a plaintiff brought a putative class action alleging that defendants, a creditor and a debt collection firm, sent debt collection...more

Texas Court Lays Out a Useful Roadmap of the Defenses to a Hailstorm Claim

Hailstorm claims for damage to roofs often involve belated notification that an already old or damaged structure has been further compromised. In a recent Texas case, the court provided a primer for carriers confronting such...more

District Court Figures Out What The Hail Is Going On

Seeing a significant increase in the number of hail damage lawsuits in her courtroom, it appears Judge Jane Boyle of the United States District Court for the Northern District of Texas has figured out "What the Hail is Going...more

New Jersey Court Holds that Six-Month Delay in Providing Notice to Carrier Bars Coverage under Claims-Made Policy

Policyholders often are cautioned to provide notice of a claim to their insurance carrier as soon as possible to avoid the risk that the carrier will deny coverage due to late notice. A recent court decision in New Jersey...more

New York High Court Finds that New York Insurance Law §3420(d)(2)’s Prompt Notice Requirement Does Not Extend to Claims Limited to...

In KeySpan Gas East Corp. v. Munich Reinsurance America, Inc., et al., — N.Y.3d –, (N.Y. June 10, 2014), a case involving two environmental damage claims, the New York Court of Appeals reversed an appellate decision which...more

Tenth Circuit Holds That Two-And-One-Half Years And Two-And-One-Half Million Dollars Do Not Constitute Prejudice

In BSC Holding, Inc. et al. v. Lexington Ins. Co., — Fed.Appx. –, 2014 WL 929194 (10th Cir., March 11, 2014), the Tenth Circuit recently underscored how difficult it can be for an insurer to demonstrate prejudice as a result...more

10th Circuit Certifies Late Notice and Reporting Questions to Colorado Supreme Court

In its recent decision in Craft v. Philadelphia Indem. Ins. Co., 2014 U.S. App. LEXIS 2680 (Feb. 11, 2014), the United States Court of Appeals for the Tenth Circuit, applying Colorado law, had occasion to consider whether...more

New York State Court Denies Late Notice Defense

New Hampshire Ins. Co. v. Clearwater Ins. Co., No. 653547/2011, 2013 N.Y. Misc. LEXIS 5117 (N.Y. Sup. Ct. Oct. 31, 2013). A New York State motion court granted part of a cedent’s motion for summary judgment in a case...more

Reinsurance Newsletter - December 2013

Recent Case Summaries - Michigan Federal Court Enjoins Arbitration Proceeding Because of Possible Misconduct - Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich....more

Reinsurance Redux - Fall 2013

In This Issue: - Southern District of New York Predicts That California Would Adopt Bad Faith Exception to Requirement That a Reinsurer Prove Prejudice for Late Notice Defense: The United States District Court...more

NY Court Applies Old Late Notice Rule to A Post-January 17, 2009 Policy

In its recent decision in Indian Harbor Ins. Co. v. The City of San Diego, 2013 U.S. Dist. LEXIS 137873 (S.D.N.Y. Sept. 25, 2013), the United States District Court for the Southern District of New York had occasion to...more

Maryland Court Considers Prejudice in Claims Made and Reported Policy

In its recent decision in McDowell Bldg. v. Zurich Am. Ins. Co., 2013 U.S. Dist. LEXIS 133166 (D. Md. Sept. 17, 2013), the United States District Court for the District of Maryland had occasion to consider Section 19-110 of...more

Reinsurance Newsletter - September 2013: New York Federal Court Applying California Law Allows Trial On Prejudice Because Of...

Ins. Co. of PA. v. Argonaut Ins. Co., No. 12 Civ. 6494 (DLC), 2013 U.S. Dist. LEXIS 110597 (S.D.N.Y. Aug 6, 2013). A New York federal court applying California law granted partial summary judgment to a reinsurer on the...more

Reinsurance Newsletter - September 2013

RECENT CASE SUMMARIES - GOOD NEWS FOR ARBITRATORS FROM THE SUPREME COURT? Oxford Health Plans LLC v. Sutter, 133 S. Ct. 2064 (2013). In a non-reinsurance case, the United States Supreme Court recently...more

5th Circuit Holds Late Notice Bars Coverage Under Buy-Back Pollution Coverage

In its recent decision in Starr Indemnity & Liability Co. v. SGS Petroleum Service Corp., 2013 U.S. App. LEXIS 12425 (5th Cir. 2013), the United States Court of Appeals for the Fifth Circuit, applying Texas law, had occasion...more

Patton Boggs Reinsurance Newsletter - June 2013: New York Federal Court Holds Illinois Law Applies; Finds for Reinsurer on Late...

AIU Ins. Co. v. TIG Ins. Co., No 07 Civ. 7052 (SHS), 2013 U.S. Dist. LEXIS 41716 (S.D.N.Y Mar. 25, 2013). In a rare late notice case, a New York federal court examined whether the cedent's notice under nine facultative...more

Reinsurance Redux - May 2013

In This Issue: - District of New Jersey Stays Medical Malpractice Suit Pending Arbitration: Finding that a dispute between a medical malpractice insurer and a reinsurance underwriter fell squarely within the...more

Reinsurance Redux - April 2013

In This Issue: - Assignment of Right to Collect on Reinsurance Treaty Held Not to Include Underlying Arbitration Clause: On February 25, 2013, the United States District Court for the Northern District of...more

Substance Over Form: Insurance Notice Requirements Are Met When An Insurer Has Notice From Any Source

Insurers frequently attempt to avoid their coverage obligations by contending that their insureds provided late notice of claims or occurrences....more

Patton Boggs Reinsurance Newsletter - March 2013: A Brief Review of Reinsurance Trends in 2012: Late Notice

Although late notice cases are infrequent, 2012 featured some notable decisions, highlighting the implications of choice-of-law and state-law differences on the requirement of a show of prejudice. For instance, in Pacific...more

Court Gives Insured Roofer the Bird – Late Notice is Sufficient to Deny a Claim

In Atlantic Casualty Insurance Company v. Value Waterproofing, Inc., 2013 WL 152854 (S.D.N.Y., 2013), the Southern District Court of New York held that a commercial general liability insurer had no duty to defend or indemnify...more

Policy Observer - January 2013

It has been nearly three months since Superstorm Sandy battered the East Coast of the United States. With several hundred thousand residents still without homes and many businesses still operating out of temporary facilities,...more

Patton Boggs' Reinsurance Newsletter - December 2012: Third Circuit Relieves Reinsurer of Indemnity Obligations Due to Late Notice...

Pacific Employers Ins. Co. v. Global Reinsurance Corp. of Am., 693 F.3d 417 (3d Cir. 2012). Reversing a lower court decision, the United States Court of Appeals for the Third Circuit ruled that a reinsurer had no...more

Orrick's Policy Observer - October 2012

The Observer highlights significant developments in insurance recovery and risk management. In This Issue: - State of California v. Continental Insurance: Opinion Holds Insurers to Their Words - Sixth...more

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