Insurance Industry, Notice Requirements

Second Circuit ‘Swipes Right’ on Notice Requirement for Tinder

Lowenstein Sandler LLP on 9/12/2024

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

Rise of Transportation Contractors Leading to Complex Coverage Litigation

Goldberg Segalla on 9/12/2024

The post-Covid influence over the “gig economy” has led to an expansion of self-employed or by-the-job employed individuals in the delivery and transportation industry. CDL jobs have proven they are not immune to this...more

EMMA Notice for Insurer Merger

Dorsey & Whitney LLP on 8/7/2024

Assured Guaranty Municipal Corp. (AGM) merged into Assured Guaranty Inc. (AG) on August 1, 2024. Issuers with outstanding bonds insured by a policy from AGM need to ensure a material event notice is timely filed on EMMA...more

Third District’s Decision Confirms that the Future of Florida’s Pre-Suit Notice Requirement Remains Uncertain

Marshall Dennehey on 4/26/2024

The Third District Court of Appeals of Florida is the latest to join the growing number of Florida appellate courts that have ruled that the pre-suit notice provision of section 627.70152 is procedural in nature and, as such,...more

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

Wiley Rein LLP on 4/2/2024

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

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

Wiley Rein LLP on 2/16/2024

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

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

Wiley Rein LLP on 11/8/2023

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

Non-renewal, Cancellation, Reformation and Rescission of Insurance Policies in Texas

Zelle LLP on 11/6/2023

The Texas Legislature this year adopted House Bill 1900, which amends the notice requirements for non-renewal and policy changes in Texas Insurance Code Section 551.105. The statutory changes, effective Sept. 1, increase the...more

Connecticut Expands Notice Requirements for Withdrawing From a Line of ‎Business

Locke Lord LLP on 10/20/2023

Property and casualty insurance companies’ decisions to withdraw from certain lines of business, in jurisdictions such as California and Florida, has garnered a great deal of attention in recent months. The Connecticut...more

Coverage Conditioned on Unambiguous Notice Requirements not Subject to Notice-Prejudice Rule

Wiley Rein LLP on 10/16/2023

The Supreme Court of Kentucky has held that the notice-prejudice rule does not apply to claims-made-and-reported policies where the policy clearly states notice requirements and unambiguously conditions coverage on the...more

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

Wiley Rein LLP on 9/6/2023

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

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

Wiley Rein LLP on 8/28/2023

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

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

Wiley Rein LLP on 8/17/2023

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

Third District Court Finds That an Insured’s Knowledge of a Possible Claim is Critical to the Calculus of Determining Prompt...

Marshall Dennehey on 8/1/2023

The trial court found that the appellants failed to give prompt notice of their loss when they reported it two-and-a-half years after the date of loss, thus triggering the presumption of prejudice....more

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

Cozen O'Connor on 2/6/2023

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

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

Jenner & Block on 12/12/2022

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

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

Wiley Rein LLP on 12/9/2022

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

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

Lowenstein Sandler LLP on 12/8/2022

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

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