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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!
Kirkland & Ellis LLP has redefined what it means to be the biggest of BigLaw — weighing in at 2,116 attorneys by year end 2018 and becoming the first firm since Law360 began tracking law firm head counts to top 2,000 U.S.-based attorneys.