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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.

34 minute read December 22, 2008 at 08:58 AM
By
Laura A. Foggan
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.

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