This article reviews key notice issues under occurrence-based policies, underscoring how multi-faceted and complex the questions are that can arise when a notice defense is presented.
Notice under Occurrence Policies: Issues Beyond the Prejudice Debate
This article reviews key notice issues under occurrence-based policies, underscoring how multi-faceted and complex the questions are that can arise when a notice defense is presented. These questions range from what triggers the notice requirement to what the applicable statutory standards are for a notice defense, and from how theories of constructive notice apply to whether there are circumstances where notice will be excused on the basis of excuse or futility.
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