News & Analysis as of

Policy Terms Insurance Claims Notice Requirements

Marshall Dennehey

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

Marshall Dennehey on

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

Wiley Rein LLP on

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

Wiley Rein LLP on

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

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

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

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

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

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

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