Insurance Claims' Inconsistent 'Prompt Notice' Definitions

Law360, New York (October 4, 2016, 12:31 PM EDT) -- Gregory G. Schultz

Donald P. Boyle, Jr. It is well established that where the insurance policy requires notice of an occurrence, failure to comply with the notice requirement can bar the claim.[1] Not all policies use the same notice language, however, and this leads to seemingly contradictory results in the case law. Even when the policies use very similar language, the cases come to results that can be difficult to reconcile with each other.

Two recent cases illustrating this conflict, and discussed in this article, are Progressive Mountain Insurance Co. v. Bishop (decided June 30, 2016)[2] and GEICO Indemnity Co. v....

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