A common requirement in both occurrence and claims-made liability insurance policies is that policyholders provide “timely notice” of an accident, occurrence, claim or lawsuit ' often “as soon as practicable.”
Texas Takes the Lead on Notice Disputes Under Claims-Made Liability Policies
The Texas Supreme Court literally took the notice "bull by the horns" and issued two groundbreaking decisions. As a result, under Texas law, an insurer must now show prejudice to deny payment on a claims-made policy, or a claims-made and reported policy, when the carrier's denial is based upon the insured's alleged breach of a policy's prompt-notice provision and notice is provided within the policy's coverage period (or any contracted-for extended reporting period).
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