Late Notices

News & Analysis as of

Louisiana Court Enforces Reporting Requirement in Claims-Made Policy

In its recent decision in XL Specialty Insurance Company v. Bollinger Shipyards, Inc., 2015 U.S. Dist. LEXIS 23633 (E.D. La. Feb. 26, 2015), the United States District Court for the Eastern District of Louisiana had occasion...more

Reinsurer Found Prejudiced By Disadvantageous Commutations Resulting From Ceding Insurer’s Late Notice

A legal dispute stemmed from Utica Mutual Insurance Company’s late notice of claim to Fireman’s Fund Insurance Company, Utica’s reinsurer. Although the parties’ facultative reinsurance certificate required Utica to provide...more

Colorado Supreme Court: Late Notice Inexcusable under Claims-Made Policies

Facts - In Craft v. Philadelphia Indemnity Ins. Co., 2015 CO 11 (Colo. Feb. 17, 2015), Craft was the principal shareholder and president of two entities to which Philadelphia issued claims-made directors and officers...more

Eighth Circuit Applies Compulsory Insurance Doctrine to Save Northwest: What Will Save You?

The Eighth Circuit Court of Appeals recently handed down a decision in Northwest Airlines, Inc. v. Professional Aircraft Line Serv. that, although unique in its specific facts and holding, highlights the problems that may...more

Eighth Circuit Deems Legal Threats a “Claim;” Regulation Requiring Prejudice Inapplicable

On January 9, 2015, the U.S. Court of Appeals for the 8th Circuit handed down Philadelphia Consolidated Holdings Corp. v. LSi-Lowery Systems, Inc., which decided whether a technology company’s claim was covered under its...more

Insurance Recovery Law - January 2015 #2

More Important Rulings From J.P. Morgan's New York Coverage Litigation - Why it matters: A New York Appellate Court unanimously held that a group of insurers could not invoke a Dishonest Acts Exclusion in a...more

Late Notice Held to Bar a $6,000,000 Hurricane Wilma Claim in Florida

In The Yacht Club on the Intracoastal Condo. Ass’n. v. Lexington Ins. Co., – Fed.Appx. –, 2015 WL 106862, 2015 U.S. App. LEXIS 293 (11h Cir., Jan. 8, 2015), a unanimous panel of the Eleventh Circuit recently held that a...more

Lessons Learned: Report All Potential D&O Liability Insurance Claims Without Delay

The District Court of Massachusetts’ January 6, 2015 opinion in Biochemics, Inc. v. Axis Reinsurance Co., 2015 WL 71493 (D. Mass. Jan. 6, 2015), reaffirms the importance of providing timely notice of all D&O liability claims...more

In New York, Failing to Timely Notify Insurance Carriers of a Pollution Incident May Cost You

On January 8, 2015, in Travelers Indem. Co. v. Orange & Rockland Utilities, Inc., the New York Appellate Division upheld a decision finding that Orange & Rockland Utilities Inc.’s notice to Travelers Indemnity Co. of...more

Eleventh Circuit Court of Appeals Finds Late Notice Barred Claim for Hurricane Damage as a Matter of Law and Upholds Award of...

In The Yacht Club on the Intracoastal Condo. Assoc., Inc. v. Lexington Insurance Company, 2015 U.S. App. Lexis 293 (11th Cir. Jan. 8, 2015), the Eleventh Circuit upheld a district court’s entry of summary judgment in favor of...more

Prompt Notice Requirement: 11th Circuit Rules that a Policyholder’s Late Notice of a Claim Results in a Strong Presumption of...

The Eleventh Circuit Court of Appeals recently explained that under Florida law a policyholder who fails to provide prompt notice of a claim faces an uphill battle defeating the resulting rebuttable presumption of prejudice...more

New York’s Late Notice Statute Leaves No-Prejudice Rule Intact for Out-of-State Policies

A New York statute provides that liability insurers may not deny claims on grounds of late notice, unless they can show they were prejudiced by the delay. The statute applies to policies “issued or delivered” in New York. In...more

Who Does an Insurance Broker Serve? Somebody!

The year was 1979 when Bob Dylan’s song “Gotta Serve Somebody” was released on his album Slow Train Coming: “It may be the devil or it may be the Lord, but you’re gonna have to serve somebody.”...more

Washington’s Courts Delivers Possible Double Whammy Limiting Insurers’ Ability to Use a Late Tender Defense to Delay Providing a...

Liability insurance policies require notice be provided to the insurer to allow the insurers time to adequately investigate and respond to claims. An insured’s failure to provide notice to its carrier can result in the...more

New Law Changes Special District Noticing Requirements for Terminating Service on Delinquent Accounts

Passage of AB 2747 by California Legislature Modifies Law - The noticing requirements special districts must follow to terminate delinquent residential light, heat, water or power service accounts were substantially...more

Cedent Loses Motion For Reinsurance Payments Due To Late Notice And “Unsatisfactory” Proof Of Loss, Notwithstanding “Follow The...

In a reinsurance coverage dispute involving coverage for an underlying settlement of asbestos liability, a New York court considered whether the defenses of failure to provide prompt notice and failure to provide satisfactory...more

Insurance Recovery Law -- November 2014 #2

South Carolina Court Holds That Absent Substantial Prejudice, Late Notice Does Not Bar Insurer’s Coverage Obligations - Why it matters: A federal court in South Carolina ruled that absent a showing by an insurer...more

New Jersey Supreme Court Will Review Templo Fuente Decision on Insureds’ Duty to Provide Notice as Soon as Practicable under a...

The Supreme Court of New Jersey will hear an appeal of the Appellate Division’s decision in Templo Fuente De Vida Corp. and Fuente Properties, Inc. v. National Union Fire Insurance Company of Pittsburgh, Pa., 2014 WL 2533810...more

Insurance Recovery Law -- October 2014 #2

Court’s Decision Prompts Policyholders to Seek Defense Quickly or Risk Awaiting Conclusion of Coverage Action to See Reimbursement - Why it matters: A policyholder who does not act promptly to seek advancement...more

Do Lawyers Professional Liability Policies fall within the “no prejudice” amendments to New York’s Insurance Law for late notice?

The New York State Insurance Department has issued an ambiguous opinion taking the position that the amendment to Insurance Law §3420(a)(5), changing the “no prejudice” rule, applies to all liability policies, which arguably...more

Second Circuit Affirms Insurer’s Late Notice Disclaimer

In its recent decision in Indian Harbor Ins. Co. v. The City of San Diego, 2014 U.S. App. LEXIS 18986 (2d Cir. Oct. 2, 2014), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to...more

Post navigation Texas Court Holds Insurer Prejudiced By Late Notice

In its recent decision in C.L. Thomas v. Lexington Ins. Co., 2014 Tex. App. LEXIS 10148 (Tex. App. Sept. 11, 2014), the Court of Appeals of Texas had occasion to consider whether an insurer was prejudiced by untimely notice...more

Washington Supreme Court Narrows Efficacy of Late Notice Defense

Even when the claims in a lawsuit arguably fall within the coverage terms of the defendant’s liability insurance policy, the circumstances might suggest facts that would establish a defense to coverage. In that case, the...more

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

48 Results
|
View per page
Page: of 2