New York Court of Appeals Upholds 'No Prejudice' Rule

On April 5, 2005, the New York Court of Appeals upheld long-standing New York law that a policyholder's late notice defeats coverage under a commercial liability policy without any specific requirement that an insurer demonstrate prejudice. The court disagreed with any assessment that the "no prejudice" rule was a doctrine whose time had come. It rejected a policyholder's request to apply a prejudice rule to "notice of a suit in commercial policies where the notice was admittedly late." <i>See Argo Corporation, et al. v. Greater New York Mutual Insurance Co.,</i> (N.Y. April 5, 2005). In a separate opinion issued on the same day as <i>Argo,</i> the court did apply a "prejudice" standard in the limited context of supplemental underinsured motorist ("SUM") coverage where late notice of a SUM claim followed timely notice of the underlying accident. <i>Rekemeyer v. State Farm Mutual Automobile Insurance Co.,</i> (N.Y. April 5, 2005).

34 minute read May 26, 2005 at 03:08 PM

By

Laura Foggan And Nicholas Bonarrigo