News & Analysis as of

No Prejudice Rule

Jackson Lewis P.C.

U.S. Supreme Court Holds Waiver of Arbitration Rights Does Not Require Showing of Prejudice

Jackson Lewis P.C. on

A party is not required to show prejudice to establish that an opposing party has waived its right to arbitrate by litigating in court, the U.S. Supreme Court has held in a unanimous decision....more

Wiley Rein LLP

Massachusetts Court Confirms No Prejudice Required to Deny Coverage for Late Notice under Claims-Made Policy

Wiley Rein LLP on

The Appeals Court of Massachusetts has affirmed judgment in favor of an insurer under a claims-made policy on the basis that the claim was not timely reported. See Meadows Constr. Co. LLC v. Westchester Fire Ins. Co., 2022...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 17, 2020

Carlton Fields on

Real Property Update - Condition Precedent / Summary Judgment: Master association was not an owner of the condominium association and lacked standing to defend litigation based upon condominium association’s alleged...more

Farella Braun + Martel LLP

Is Your Wine Business Ready for the California Consumer Privacy Act?

Companies within and outside the State of California who offer products and services to California residents are focusing on what they need to do to comply with the new California Consumer Privacy Act of 2018 (CCPA), which...more

Seyfarth Shaw LLP

The Limits Of “Taking The Lead Early”: A Dismissal Without Prejudice Will Not Support Defend Trade Secrets Act Attorney’s Fees

Seyfarth Shaw LLP on

On November 13, 2018, the United States Court of Appeals, Fifth Circuit, affirmed the United States District Court for the Western District of Texas’s denial of prevailing party attorneys’ fees in a matter of first impression...more

Carlton Fields

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

Carlton Fields on

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

Melito & Adolfsen

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

Melito & Adolfsen on

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

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