10th Circ. Sends Insurance Rule Quandary To Colo. Justices

Law360, New York (February 12, 2014, 8:14 PM EST) -- The Tenth Circuit on Tuesday asked the Colorado Supreme Court to decide whether the notice-prejudice rule applies to claims-made insurance policies or only to occurrence policies, in a coverage dispute over claims that a company officer made misrepresentations during a merger.

The notice-prejudice rule requires liability insurers to show that late notice prejudiced them before they can deny coverage for untimely notice of a claim.

The appeals court asked the Colorado high court to decide whether its ruling in Friedland v. Travelers Indemnity Co. adopting the...
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