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Case Briefs

By ALM Staff | Law Journal Newsletters |
May 28, 2009

Untimely Notice under a Claims-Made Policy

Most insurance policies include a provision requiring that an insured provide notice of an occurrence or claim within some measurable time frame. Such a provision may require that notice be provided “promptly,” “immediately,” or “as soon as possible.” Insurers have contended that, under the law of some jurisdictions, failure to give timely notice as required by the policy requires a forfeiture of coverage otherwise available under the policy ' even in the absence of prejudice to the insurer. The law of most jurisdictions provides that an insurer cannot rely on untimely notice to defeat coverage unless the insurer can demonstrate that it was prejudiced by the untimely notice.

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