News & Analysis as of

Claims Made Policy Reporting Requirements

Ervin Cohen & Jessup LLP

Traps for the Unwary: Reporting Requirements Under Liability Policies

Companies reporting liability insurance claims need to be aware that the pertinent rules vary depending on whether a policy is “claims made and reported” or “occurrence”. Most, if not all, Directors and Officers and Errors...more

Wiley Rein LLP

Kansas Federal Court Holds Notice-Prejudice Rule Inapplicable to Claims-Made Policies

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The United States District Court for the District of Kansas, applying Kansas law, has held that the notice-prejudice rule does not apply to claims-made policies. Philadelphia Indem. Ins. Co. v. Great Plains Annual Conference...more

Wiley Rein LLP

On Motion for Reconsideration, Southern District of New York Holds that Late-Notice Defense as to Claims-Made-And-Reported...

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The Southern District of New York, applying New York law, has held that an insurer’s late-reporting defense is not subject to waiver under claims-made-and-reported policies. Hunt Constr. Grp. Inc. v. Berkley Assurance Co.,...more

Neal, Gerber & Eisenberg LLP

NGE OnDemand: The Importance of Timely Reporting Occurrences, Claims and Suits to Insurers with Paul Walker-Bright

When disaster strikes your business or a lawsuit is filed against you in responding to the crisis, it is easy to overlook the existence of insurance that may reimburse you for the associated expenses and damages. A delay in...more

Neal, Gerber & Eisenberg LLP

In Rare Move, Seventh Circuit Reverses Itself and Holds that Insured Did Not Lose Coverage for Notifying Consecutive Insurers of a...

It is rare for the federal courts of appeals to grant petitions for rehearing. See Hon. R. Arnold, “Why Judges Don’t Like Petitions for Rehearing,” 3 J. App. Prac. & Proc. 29 (2001). Current statistics are a bit hard to find,...more

Cozen O'Connor

New Jersey Supreme Court Upholds Strict Enforcement of Notice Provisions in Claims Made Policies

Cozen O'Connor on

The New Jersey Supreme Court recently revisited its earlier decision in Zuckerman v. National Union Fire Insurance Fire Insurance Co., 100 N.J. 304, 495 A.2d 395 (1985) and upheld the strict enforcement of notice and...more

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