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No Prejudice Rule Late Notices

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

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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