Notice Requirements, Notice Prejudice Rule, Policy Terms

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

Wiley Rein LLP on 3/31/2025

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

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

Wiley Rein LLP on 3/30/2021

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

'Notice-Prejudice Rule' Ruling Could Provide New Arguments

Ervin Cohen & Jessup LLP on 2/19/2021

The “notice-prejudice rule,” often applied in the context of occurrence-type policies, requires an insurer to prove that the insured’s late notice of a claim has substantially prejudiced its ability to investigate the...more

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

Carlton Fields on 10/21/2019

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

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

Farella Braun + Martel LLP on 9/18/2019

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

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

Saul Ewing LLP on 9/16/2019

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

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

Farella Braun + Martel LLP on 9/10/2019