Account

Sign in to access your account and subscription

New York: Moving to a 'Prejudice' Standard for Late Notice?

New York has long been known as a state in which a direct liability insurer need not prove prejudice in order to prevail on a defense that the policyholder provided late notice of an occurrence or a claim. New York ranks among the minority of states following the "no prejudice" rule. According to Ostrager, Barry R. and Newman, Thomas R.: Handbook on Insurance Coverage Disputes, approximately 80% of the states require a liability insurer to prove prejudice to prevail on the late notice defense, while the remainder either follow a straight "no prejudice" rule or adopt different rules for different types of insurance policies.

40 minute read March 31, 2005 at 02:42 PM
By
Lynn K. Neuner
New York: Moving to a 'Prejudice' Standard for Late Notice?

New York has long been known as a state in which a direct liability insurer need not prove prejudice in order to prevail on a defense that the policyholder provided late notice of an occurrence or a claim.

This premium content is locked for LawJournalNewsletters subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN LawJournalNewsletters

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

© 2026 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Continue Reading

The combination of increasing operating costs and uncertain government reimbursement funding continues to place health care providers under financial pressure, and in many cases, financial distress. Given the importance of Medicare/Medicaid funding of claims under provider agreements with the federal government, how courts interpret and apply the interplay between the Bankruptcy Code and Medicare Program Act determines the disposition of hundreds of millions of dollars of claims for reimbursement that support the health care system.

April 30, 2026

As AI becomes embedded in everyday business and legal operations, organizations are confronting a new expectation: simply disclosing AI use is no longer enough. A critical shift is taking place in the legal industry: transparency is no longer just about disclosure; it’s about comprehension.

April 30, 2026