Insurance Industry, Commercial General Liability Policies, Notice Prejudice Rule

Colorado Supreme Court Extends Notice-Prejudice Rule to Occurrence-Based 1st-Party Homeowners’ Policies

Sherman & Howard L.L.C. on 3/15/2024

In a pair of decisions issued this week, the Colorado Supreme Court ruled that the notice-prejudice rule applies to occurrence-based, first-party homeowners’ property policies, notwithstanding any contractual notice period...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

California Supreme Court Sides with Policyholder in Critical Notice-Prejudice Case

Pillsbury - Policyholder Pulse blog on 9/10/2019

In November 2018, we noted that the California Supreme Court had agreed to resolve Pitzer College v. Indian Harbor Insurance Company, a case that hinged on the importance and application of California’s notice-prejudice rule....more

California Supreme Court to Decide Whether Its “Notice-Prejudice” Rule Supersedes Competing Law from Other States

Pillsbury - Policyholder Pulse blog on 11/20/2018

Before a court can resolve a dispute, it often needs to determine what law applies to that dispute. In certain insurance cases, that question will appear to have an easy answer. Some policies include explicit choice-of-law...more

Recent Trends in Insurance Notice Law

Perkins Coie on 10/11/2016

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

Settling Parties Beware: Failing to Provide Notice to Your Insurer Before Settling May Doom Your Chance of Recovery

Dorsey & Whitney LLP on 4/28/2016

On April 25, 2016, the Colorado Supreme Court issued a decision in Travelers Prop. Cas. Co. v. Stresscon Co. Stresscon, a subcontracting concrete company, entered into a settlement agreement – without providing notice to its...more

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

Cozen O'Connor on 4/27/2016

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

Montana Joins Majority of Courts Holding That Insurers Must Establish Prejudice to Disclaim Coverage Based on an Insured’s Late...

Proskauer - Insurance Recovery & Counseling on 7/21/2015

Joining a majority of states that have addressed the issue, the Montana Supreme Court recently held that “an insurer who does not receive timely notice required by the terms of an insurance policy must demonstrate prejudice...more

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