News & Analysis as of

Notice Requirements Policy Terms

Marshall Dennehey

Fourth District Court of Appeal Reversed and Remanded a Final Judgment in Favor of the Insureds Where Prompt Notice Was Not...

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Security First Insurance Company v. Linda Visca and Silvio Visca, No. 4D2023-0961, June 5, 2024 - On February 20, 2020, the defendant was notified of the plaintiffs’ September 10, 2017, Hurricane Irma claim. The policy stated...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

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

Zelle  LLP

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

Zelle LLP on

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

Sheppard Mullin Richter & Hampton LLP

New Draft Regulations for Colorado’s Privacy Law

The Colorado Attorney General recently released the second set of draft regulations to the Colorado Privacy Act (CPA). In this draft, the AG is seeking specific input on five different topics. There are also a number of...more

Jenner & Block

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

Jenner & Block on

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

Conn Kavanaugh

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

Conn Kavanaugh on

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

Goodwin

Massachusetts Court Holds Notice of TCPA Exclusions Sufficient to Avoid TCPA Violation

Goodwin on

On January 7, 2022, the Massachusetts Appeals Court issued a decision concerning whether two insurance companies provided sufficient and timely notice to its Insured regarding the exclusion of coverage for Telephone Consumer...more

Wiley Rein LLP

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

Wiley Rein LLP on

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

Ervin Cohen & Jessup LLP

'Notice-Prejudice Rule' Ruling Could Provide New Arguments

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

Wiley Rein LLP

New York Insurance Law Does Not Preclude Enforcement of Claims-Made-and-Reported Policy’s Notice Requirements

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The New York Supreme Court, Appellate Division has held that, under New York Insurance Law § 3420(a)(5), an insurer had no duty to defend or indemnify a personal injury action where the insured failed to provide notice of the...more

King & Spalding

Significant 2021 Proxy Advisor Policy Changes

King & Spalding on

Proxy advisory firms ISS and Glass Lewis have issued their annual updated proxy voting guidelines for the upcoming 2021 proxy season. Glass Lewis’s new guidelines apply to shareholder meetings on or after January 1, 2021,...more

Pillsbury - Policyholder Pulse blog

Buyer Beware: Search for Litigation Time Bombs in Your Policies

Insurance policies are legal documents. In the event of a dispute, their scope and meaning will be submitted to a court or arbitrator for interpretation. Most brokers are not attorneys. Most risk managers are not attorneys....more

Bowditch & Dewey

Extending Liability Coverage By Providing Notice of Circumstances

Bowditch & Dewey on

Litigation concerning COVID-19 has already begun. A number of lawsuits have been filed against cruise lines alleging that they were negligent by operating with infected passengers and crew members and failing to screen...more

Farella Braun + Martel LLP

D&O Liability Insurance in a Time of Financial Uncertainty

As companies scramble to mitigate losses arising from government shelter-in-place directives intended to halt the spread of the COVID-19 virus, the insurance world has focused on business interruption coverage disputes and...more

Nelson Mullins Riley & Scarborough LLP

Best Practices for Investigating and Assessing Insurance Coverage for Business Interruption Losses

No pandemic has impacted the global and US economies on such a scale in so short a period of time as COVID-19. The effects of the virus and business disruptions are being felt across all industry sectors. ...more

Stoel Rives LLP

COVID-19: Business Interruption Coverage for Government Ordered Shutdowns

Stoel Rives LLP on

We are living in a state of uncertainty. As the COVID-19 coronavirus pandemic spreads, many state and local authorities are issuing orders to limit social gatherings, temporarily close schools and some businesses —...more

Carlton Fields

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

Carlton Fields on

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

Farella Braun + Martel LLP

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

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

Michigan Auto Law

Car Insurance Companies Cancelling Insurance For Missed Payments in Michigan

Michigan Auto Law on

Michigan’s law for car insurance cancellation for non-payment provides important protection for drivers who may be at risk of being denied No-Fault insurance coverage due to nonpayment. ...more

Saul Ewing LLP

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

Saul Ewing LLP on

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

Farella Braun + Martel LLP

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

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

Pillsbury - Policyholder Pulse blog

Delaware Court Adopts Pillsbury’s Theories on Novel D&O Insurance Issues (Part 2)

Previously, we reported an important ruling of first impression by the Delaware Superior Court that a shareholder appraisal action against Pillsbury’s client Solera Holdings Inc. was a “Securities Claim” under Solera’s...more

Pillsbury - Policyholder Pulse blog

Federal Appeals Court Punishes Policyholder for Giving Too Much Notice

When a company receives a claim or lawsuit, it is critical to provide timely notice to its insurers. But when the claim is first made, sufficient facts may not yet be known to indicate which policy will respond. Many policies...more

Cozen O'Connor

Texas Reforms Insurance Litigation – Section 542A of the Texas Insurance Code 60 Days to Get Your House in Order

Cozen O'Connor on

Texas has finally enacted statutory reforms specifically designed to combat abusive insurance litigation. Enacted primarily in response to hailstorm lawsuits, the scope of the reforms are much broader. Effective September 1,...more

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