Notice-prejudice
Country Mutual Ins. Co. vs. Livorsi
Year: 2005
Court: Illinois Supreme Court
Case Number: Docket No. 99807
Issue:
  • 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…
National Union Fire Ins. Co. of Pittsburgh, PA v. The Fund for Animals
Year: 2016
Court: Maryland Court of Appeals
Case Number: No. 18, September Term, 2016
Issue:
  • Notice-prejudice
State:
  • Maryland

Under Maryland law, an insurance company must show actual prejudice in order to deny coverage for a late-reported claim. The prejudice must be actual, meaning tangible, i.e., the insurance company must demonstrate that had the claim been timely reported, the results of the litigation for…
MarkWest Energy Partners, LP v. Zurich American Ins. Co.
Year: 2016
Court: Colorado Court of Appeals
Case Number: 15CA0770/2016COA110
Issue:
  • Notice-prejudice
State:
  • Colorado

Colorado’s notice-prejudice protects policyholders from a forfeiture of coverage for late reporting of a claim by requiring the insurer to show actual prejudice as a result of the late reporting before it can disclaim coverage. Colorado law authorizes a departure from traditional contract law principles…
Pitzer College v. Indian Harbor Ins. Co.
Year: 2017
Court: California Supreme Court
Case Number: S239510
Issue:
  • Notice-prejudice
State:
  • California

The notice prejudice rule protects policyholders from undue forfeiture of benefits when they fail to report a claim within the applicable insurance policy’s deadline. California’s notice-prejudice rule allows a policyholder to file a claim after the reporting deadline if it can show that the late…
In Re Solera Insurance Coverage Appeals
Year: 2020
Court: Supreme Court of the State of Delaware
Case Number: N18C-08-315 AML CCLD
Issue:
  • Notice-prejudice
State:
  • Delaware

In its brief, UP argues that a liability insurer cannot deny coverage for a policyholder’s defense costs solely because the policyholder did not seek the insurer’s consent to incur those costs in advance when the delay did not have any prejudicial impact on the insurer.…
Ortiz v. MeadWestvaco Corporation, et al v. JV Industrial Companies, Ltd., et al
Year: 2019
Court: Supreme Court of Louisiana
Case Number: 2019-C-01123
Issue:
  • Notice-prejudice
State:
  • Louisiana

In its brief, UP argues that an insurance company must establish that the events leading to the outcome of an underlying case actually prejudiced the insurance company in a manner that would not have happened had the insurance company received timely notice of the claim.…