Country Mutual Ins. Co. vs. Livorsi

Notice-prejudice

State:

Illinois

Insurance company must show prejudice if it denies a claim based on late notice

Henner, Michael and Elizabeth, vs. Gemini Insurance Co. et al

Year: 2010

Court: New York Supreme Court, Appellate Division, 4th Department

Case Number: CA 09-01832 and CA 01-01833

Issue:

Notice-prejudice

State:

New York

The issue in this case was whether the lower court erred in dismissing policyholder’s claim for insurance coverage based on untimely notice by failing to consider prejudice to the insurance companies. UP argued that the notice-prejudice rule protects insurance consumers from untimely forfeiture. UP also…

Dean Craft v. Philadelphia Indemnity Insurance Company

Year: 2014

Court: Colorado Supreme Court

Case Number: 2014SA43

Issue:

Notice-prejudice

State:

Colorado

The notice-prejudice rule supports insurance consumers by avoiding disproportionate forfeiture when an insured fails to report a claim within the time stated in the policy. UP argued in its brief that insurers may not avoid responsibility for a covered claim unless the insurer can show…

St. Paul Mercury Ins. Co. v. American Bank Holdings, Inc.

Year: 2015

Court: U.S. Court of Appeals for the 4th Circuit

Case Number: 15-1559

Issue:

Duty to Defend
Notice-prejudice

State:

Maryland

UP addressed two issues in its brief: (1) under Maryland law, an insurer must show actual prejudice in order to escape coverage for a valid claim that is reported after the policy deadline; and (2) duty to defend principles applicable to the insurer should not…