News & Analysis as of

Denial of Insurance Coverage Notice Prejudice Rule

Wiley Rein LLP

Notice Prejudice Rule Applies to Claim Not Reported “As Soon As Practicable” But Within Policy Period

Wiley Rein LLP on

The United States District Court for the District of Kansas, applying Kansas law, has held that an insurer must show prejudice to deny coverage when an insured provided notice of a claim within the policy’s three-year policy...more

Wiley Rein LLP

Notice-Prejudice Rule Does Not Apply to Claims-Made Professional Liability Policies

Wiley Rein LLP on

The United States District Court for the District of Colorado, applying Colorado law, has held that claimants were not entitled to coverage for default judgments because the insured dentist failed to provide notice of the...more

Wiley Rein LLP

No Notice-Prejudice Exception Applies to Financial Institution Bonds under Oklahoma Law

Wiley Rein LLP on

The United States District Court for the Northern District of Oklahoma has held, as a matter of first impression, that no notice-prejudice exception applies under Oklahoma law to a financial institution bond in the case of an...more

White and Williams LLP

The Complex Insurance Coverage Reporter - 2019 Year in Review

White and Williams LLP on

Welcome to CICR’s annual review of insurance cases. Here, we spotlight five decisions from the last year that you should know about—and five pending cases to watch. As our picks for “Cases to Know” indicate, 2019 was not a...more

Carlton Fields

Ohio Appellate Court Rejects Policyholder’s Notice-Prejudice and Continuity of Coverage Arguments

Carlton Fields on

Claims-made liability insurance policies typically require the policyholder to notify the insurer of a claim within a set amount of time — typically during the policy period, or within a specific period of time after the end...more

Carlton Fields

The Conflict Between Choice-of-Law Provisions in Insurance Policies and a State’s Fundamental Public Policy

Carlton Fields on

Many contracts include a choice-of-law provision in which the parties agree to use a particular jurisdiction’s set of laws to govern the contract. These provisions promote predictability. No matter where a dispute may arise...more

Payne & Fears

California Supreme Court Strikes Blow to Insurers' Choice-of-Law Provisions

Payne & Fears on

The California Supreme Court has struck a blow to insurers' attempts to contract out of more policyholder friendly jurisdictions, holding that the notice-prejudice rule is a fundamental public policy. Pitzer College v. Indian...more

Farella Braun + Martel LLP

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

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

Saul Ewing LLP

Insurers Beware: Choice of Law Provisions May be Overridden by Public Policy Provisions

Saul Ewing LLP on

In answering two questions posed to it by the Ninth Circuit Court of Appeals, the California Supreme Court on August 29, 2019, addressed two significant issues: 1) whether California’s common law notice-prejudice rule is a...more

Farella Braun + Martel LLP

California Supreme Court Ruling Clarifies That the Notice-Prejudice Rule Is a Fundamental Public Policy That May Override Choice...

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

Perkins Coie

Recent Trends in Insurance Notice Law

Perkins Coie on

Insurers frequently raise the timing of notice as a defense to a policyholder’s claim for coverage. This is an “all or nothing defense,” as “late notice” can create a forfeiture of coverage. As a result, it gets litigated...more

Womble Bond Dickinson

Late notice to insurer costs Maryland bank millions

Womble Bond Dickinson on

Insurance law generally imposes on a policyholder the duty to give timely notice of claims to its insurance company. Sometimes, because of forgetfulness, ignorance, neglect, or a number of other reasons, companies fail to...more

Cozen O'Connor

Are Consent Judgments in Colorado Dead? Colorado Strictly Enforces “No Voluntary Payments” Clause

Cozen O'Connor on

On Monday, April 25, 2016, the Colorado Supreme Court issued its decision in Travelers Prop. Cas. Co. v. Stresscon Co., No. 13SC815 (Colo. Apr. 25, 2016), holding that an insurer does not need to show prejudice to enforce a...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

McCarter & English, LLP

Policyholders Beware: Failure to Give Timely Notice, as Soon as Practicable During a Claims-Made Policy's Effective Dates or...

The New Jersey Supreme Court recently held that an insurer may disclaim coverage without showing it was prejudiced by a policyholder’s failure to comply with a claims-made policy’s notice provision. In Templo Fuente De...more

15 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide