Despite Notice-Prejudice Rule Win, Insureds Should Stay Wary

Law360 (May 13, 2019, 2:28 PM EDT) -- In pursuing coverage under a variety of types of insurance policies, policyholders may confront an issue of proper notice of claim. Specifically, as a defense to coverage, an insurer may assert that a policyholder did not provide the insurer with notice in a timely manner. Under occurrence-based policies, many, though not all, courts have applied a notice-prejudice rule pursuant to which late notice by a policyholder is not a defense to coverage, unless the insurer can show it was actually prejudiced by the late notice.

Whether that notice-prejudice rule similarly applies to claims-made-and-reported policies — specifically requiring a claim to be...

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