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
We touch upon several topics in our September Insurance Update. We begin with two federal circuit court rulings on late notice – one involving a claims-made policy and the other an occurrence policy. In these cases, the...more
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
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
The United States Court of Appeals for the Third Circuit, applying Delaware law, has held that an insurer was not obligated to provide coverage where the insured had provided notice of its claim after the end of the relevant...more
The United States District Court for the District of Colorado, applying Colorado law, has held that the notice-prejudice rule does not apply to claims-made liability policies where an insured did not merely provide late...more
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
The Southern District of New York, applying New York law, has held that an insurer’s late-reporting defense is not subject to waiver under claims-made-and-reported policies. Hunt Constr. Grp. Inc. v. Berkley Assurance Co.,...more
As every policyholder should know, purportedly “late” notice under claims-made insurance policies can eradicate coverage – even if the policyholder purchases successive policies from the same insurer. Alaska Interstate...more
Last month the United States District Court for the Western District of Washington held that a Digital Millennium Copyright Act (“DMCA”) Takedown Notice triggered a policyholder’s obligation to notify its claims-made insurer....more
High Times in the Insurance Industry: Colorado Federal Court Considers Coverage for Medical Marijuana Business - Why it matters: With legalized marijuana businesses booming, a new decision from a Colorado federal court...more
On February 11, 2016, the Supreme Court of New Jersey in Templo Fuente de Vida Corp. v. National Union Fire Ins. Co. of Pittsburgh, declared that an insurance company was not required to show it suffered prejudice before...more
The New Jersey Supreme Court recently held that an insurance company was not required to show it was prejudiced by an insured’s late notice in order to deny coverage under a claims made policy. In Templo Fuente de Vida Corp....more
Two Years, Too Long for Coverage Under Claims-Made-and-Reported Policy - Why it matters: Claims-made-and-reported policies require that the claim be both made against the insured and reported to the insurer within the...more
A federal court in Kentucky ruled on March 17 that Ashland Hospital had forfeited $10 million of insurance coverage because it was late in notifying its insurance company of the claim....more
In a significant decision the Wisconsin Supreme Court has held that claims-made-and-reported requirements in claims made policies should be enforced as written. An insured's failure to report a claim during the time required...more