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Breach of Contract › Late Notices

Wiley Rein LLP

Notice-Prejudice Rule Inapplicable Where Insured Fails to Provide Any Notice Under Claims-Made Policies

Wiley Rein LLP on

The United States District Court for the District of Colorado, applying Colorado law, has held that the notice-prejudice rule does not apply to claims-made liability policies where an insured did not merely provide late...more

Lewitt Hackman

Franchisee 101: No Excuse for Late Notice

Lewitt Hackman on

The U.S. Court of Appeals for the Fifth Circuit reversed a trial court judgment against a Texas franchisor, finding the lower court erred in excusing an untimely renewal notice of area development agreements. The Court held a...more

Farella Braun + Martel LLP

3 Lessons For Calif. Insureds From Late-Notice Rule Decision

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In Pitzer College v. Indian Harbor Insurance Company, the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule is a fundamental public policy of...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Applies Notice-Prejudice Rule to Violation of First-Party Consent Provision as a Predicate to Policy...

Sheppard Mullin Richter & Hampton LLP on

Pitzer College v. Indian Harbor Insurance Company, — P.3d –, 2019 WL 4065521 (2019); California Supreme Court, Case No. S239510 (Aug. 29, 2019). On certified questions by the Ninth Circuit Court of Appeals, the California...more

Cozen O'Connor

Prejudice Not Required in New Jersey To Deny Coverage for Late Notice Under a Claims Made Policy

Cozen O'Connor on

On February 11, 2016, the Supreme Court of New Jersey in Templo Fuente de Vida Corp. v. National Union Fire Ins. Co. of Pittsburgh, declared that an insurance company was not required to show it suffered prejudice before...more

Cozen O'Connor

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

Cozen O'Connor on

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

K&L Gates LLP

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

K&L Gates LLP on

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

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