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Notice Requirements Insurance Claims

Lowenstein Sandler LLP

[Podcast] Second Circuit ‘Swipes Right’ on Notice Requirement for Tinder

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Today on Don't Take No For An Answer, Lynda A. Bennett and Alexander B. Corson discuss a recent Second Circuit decision that reinforces the importance of reading claims-made policies carefully. The case involves Tinder, the...more

Lowenstein Sandler LLP

Second Circuit ‘Swipes Right’ on Notice Requirement for Tinder

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Policyholders frequently are vexed by the nuances of reporting requirements in claims-made policies, which generally provide coverage only for a “Claim” made during the policy period. While this may sound like a...more

Wiley Rein LLP

Ninth Circuit Applies “Strict Compliance” Standard to Notice Requirement Under Claims-Made-and-Reported Policy

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The United States Court of Appeals for the Ninth Circuit, applying California law, has held that a strict compliance standard applies to satisfying the notice requirement under a claims-made-and-reported policy. The insured...more

Wiley Rein LLP

Late Notice Bars Coverage Under Claims-Made-and-Reported Policy for Claim Noticed to Insurer After Policy Period Expired

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The North Carolina Court of Appeals has held that there is no coverage for a claim the insured knew about in July 2019 but failed to report to the insurer until November 2020 — after the expiration of the policy period....more

Carlton Fields

Ninth Circuit Finds Excess Carrier Owes Nothing to Insured Who Failed to Obtain Prior Written Consent to Settlement

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In Vizio Inc. v. Arch Insurance Co., a case stemming from a class action settlement, the Ninth Circuit Court of Appeals clarified several areas of California law involving the interaction of primary and excess insurance...more

Wiley Rein LLP

Washington Court Holds Late Notice Bars Coverage Under Claims-Made Policy

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A federal district court, applying Washington law, has held that coverage for a claim was barred because an insured failed to provide notice within the claim-made policy’s reporting deadline. In November 2017, the insured...more

Carlton Fields

Washington Appellate Court Finds Insureds’ Failure to Provide Statutory Notice of Intent to Sue Did Not Void Default Judgments...

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In Gates v. Homesite Insurance Co., the Washington Court of Appeals held that the plaintiff-insureds’ failure to provide 20 days’ notice of intent to sue its insurer, though required by statute, was a mere “procedural...more

Wiley Rein LLP

First Circuit Holds No Coverage Where Insured Failed to Provide Timely Notice of Claim

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The United States Court of Appeals for the First Circuit, applying Massachusetts law, held that no coverage was available for a lawsuit because the insured failed to provide timely notice to the insurer. The insured...more

Wiley Rein LLP

Mississippi Federal District Court Requires Insurer to Establish Prejudice to Deny Coverage Based on Untimely Notice

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The United States District Court for the Southern District of Mississippi, applying Mississippi law, has held that noncompliance with a 30-day notice provision in an asset protection policy does not bar coverage unless the...more

Wiley Rein LLP

First Circuit Confirms That Late Notice Bars Coverage Under Claims-Made-And-Reported Policy

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The United States Court of Appeals for the First Circuit, applying Massachusetts law, affirmed the United States District Court for the District of Massachusetts’s holding that a university’s late-noticed claim was not...more

Cozen O'Connor

Florida Appellate Court Holds that Deadline to Report Claims Does Not Nullify Prompt Notice Provision

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Florida’s Third District Court of Appeal recently affirmed a summary judgment entered in favor of a property insurer, holding that there is no conflict between the policy’s three year limitation for reporting hurricane claims...more

Jenner & Block

Seventh Circuit Decision Sends Warning to "Claims Made" D&O Insurance Policyholders

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The U.S. Court of Appeals for the Seventh Circuit in Hanover Ins. Co. v. R.W. Dunteman Co., 2022 WL 13769371, --- F.4th --- (7th Cir. Oct. 24, 2022), recently interpreted Illinois law on the aggregation provisions in a claims...more

Wiley Rein LLP

University’s Late-Noticed Claim Not Covered Under Claims-Made-And-Reported Policy; Notoriety of Claim Not an Excuse

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The United States District Court for the District of Massachusetts, applying Massachusetts law, has held that a university’s late-noticed claim was not covered under a claims-made-and-reported insurance policy....more

Lowenstein Sandler LLP

Harvard’s $15M Mistake: Failure to Adhere to Technical Notice Requirements in Insurance Policy May Lead to Significant Forfeiture

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The widely publicized U.S. Supreme Court case addressing Harvard University’s (Harvard) admissions practices not only concerns a significant constitutional issue but also serves as a cautionary tale for businesses and...more

Conn Kavanaugh

No Case is Too Big to Notify a Claims-Made Insurer

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A headline-grabbing case regarding race in the college admissions process at an elite university, appealed all the way to the United States Supreme Court, is the type of nightmare scenario that might inspire an educational...more

Wiley Rein LLP

Renewal Correspondence to Underwriter Fails to Satisfy Claims-Made-and-Reported Policy’s Notice Requirement

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Applying California law, the United States District Court for the Northern District of California has held that correspondence to an underwriter referencing a claim during the renewal process did not satisfy the notice...more

Cozen O'Connor

Under Texas Law, No Tender Means No Obligation To Defend

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The United States Court of Appeals for the Fifth Circuit recently affirmed a long-standing Texas rule: the duty to defend is not implicated unless the insured complies with the policy’s notice-of-suit requirements and demands...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - June 2022

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In late 2016, a roofing contractor stepped through the insured’s roof resulting in damage to the roof and internal water damage. The insured did not file a claim with its property insurer until early 2018, more than a year...more

Rivkin Radler LLP

Insurance Update - April 2022

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Cases in our April Insurance Update address several questions: •Are costs incurred to comply with a subpoena covered? •What must an insured show to rebut the presumption of prejudice in a late notice situation? •What...more

Zelle  LLP

New Fla. Atty Fee Law May Be Boon To Property Insurers

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Florida S.B. 76, designed to curb first-party property insurance litigation in Florida, took effect on July 1. While the bill addresses several critical property insurance topics including roof-surface reimbursement...more

Wiley Rein LLP

Arbitration Demand Letter Constitutes a Claim Requiring Timely Notice

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Applying Arizona law, a federal district court has held that an insured’s failure to provide notice of an arbitration demand letter barred coverage for the arbitration later filed against the insured. Supima v. Philadelphia...more

Wiley Rein LLP

Ninth Circuit Holds Notice-Prejudice Rule Inapplicable to Claims-Made-And-Reported Policies

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Applying Montana law, the Ninth Circuit Court of Appeals has held that a claim made during one claims-made policy period but not noticed until a second policy period was not covered under either policy. Capitol Specialty Ins....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

Wiley Rein LLP

Kentucky Court Holds That Notice-Prejudice Rule Does Not Apply to Claims-Made-And-Reported Policies

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In a matter of first impression, a Kentucky appellate court held that the notice-prejudice rule does not apply to claims-made-and-reported policies. Darwin Nat’l Assurance Co. v. Kentucky State Univ., 2021 WL 1045716 (Ky....more

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin: Do I Have An Enforceable Contract?

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Contract Interpretation McCruter v. Travelers Home & Marine Ins. Co., 11th Dist. Lake No. 2019-L-167, 2021-Ohio-472- In this appeal, the Eleventh Appellate District affirmed in part and reversed in part the lower court’s...more

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