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Attorney Malpractice › Notice Prejudice Rule

Carlton Fields

Seeing the Finish Line: Courts Increasingly Exempt Claims-Made Policies from the Notice Prejudice Rule

Carlton Fields on

In a majority of jurisdictions, the “notice-prejudice rule” provides that an insurer may not deny a claim on grounds of late notice without demonstrating prejudice. The rule is statutory in some states and judicially crafted...more

Hinshaw & Culbertson LLP

Melissa Anderson v. Thomas Aul, 2015WI 19 25 (February 25, 2015)

Hinshaw & Culbertson LLP on

In a significant decision the Wisconsin Supreme Court has held that claims-made-and-reported requirements in claims made policies should be enforced as written. An insured's failure to report a claim during the time required...more

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