Machaella M. Reisman | Phelps Dunbar In a recent decision, the South Carolina Supreme Court refused to expand the “notice-prejudice rule” but still found that an insurer could not deny coverage based upon the insured’s failure to provide timely notice of an underlying lawsuit because the insured did not materially breach the insurance policy. Covil… Continue reading Untimely Notice Does Not Remove Insurer From Its Duty To Indemnify
Tag: Notice-Prejudice Rule
Montana Federal Court Holds that Notice-Prejudice Rule Does Not Apply to Claims-Made Policy
Mary Weaver | Wiley Rein A Montana federal court has held that the notice-prejudice rule is inapplicable to claims-made policies as a matter of Montana law. Hanover Ins. Grp. v. Aspen Am. Ins. Co., 2021 WL 3769324 (D. Mont. Aug. 23, 2021). The court held that no coverage was available under either of two claims-made policies… Continue reading Montana Federal Court Holds that Notice-Prejudice Rule Does Not Apply to Claims-Made Policy
Ohio Appellate Court Rejects Policyholder’s Notice-Prejudice and Continuity of Coverage Arguments
Andrew Daechsel | Property Casualty Focus Claims-made liability insurance policies typically require the policyholder to notify the insurer of a claim within a set amount of time — typically during the policy period, or within a specific period of time after the end of the policy period — to obtain coverage. When policyholders fail to… Continue reading Ohio Appellate Court Rejects Policyholder’s Notice-Prejudice and Continuity of Coverage Arguments
California Supreme Court Holds “Notice-Prejudice” Rule is “Fundamental Public Policy” of California, May Override Choice of Law Provisions in Policies
Anthony L. Miscioscia and Timothy A. Carroll | White and Williams | August 30, 2019 On August 29, 2019, in Pitzer College v. Indian Harbor Insurance Company, 2019 Cal. LEXIS 6240, the California Supreme Court held that, in the insurance context, the common law “notice-prejudice” rule is a “fundamental public policy” of the State of California… Continue reading California Supreme Court Holds “Notice-Prejudice” Rule is “Fundamental Public Policy” of California, May Override Choice of Law Provisions in Policies
California Supreme Court Concludes Notice-Prejudice Rule Applies To Consent Clauses In First-Party Insurance Policies
Andrew B. Downs | Bullivant Houser Bailey | September 30, 2019 When it comes to insurance coverage, one cue to the court’s feelings about an issue is whether it views that issue as a “technicality.” When that happens, good things rarely result. Another cue is when the case turns on an esoteric legal issue of… Continue reading California Supreme Court Concludes Notice-Prejudice Rule Applies To Consent Clauses In First-Party Insurance Policies