News & Analysis as of

Insurance Industry › Notice Requirements › Insurance Litigation

Zelle LLP

No Exceptions (Unless Prescribed by Law): Court Grants Motion to Preclude Attorneys’ Fees Even Though Carrier Will “Not Entertain”...

Zelle LLP on

In this case, Safeco Insurance Company of Indiana (“Safeco”) issued a residential policy to Venugopal Muriki (the “Insured”) covering the Insured’s dwelling. On December 10, 2024, the Insured submitted a claim with Safeco...more

Kennedys

Appellate Court of Illinois decision reminds insurers to communicate with insureds or face potential consequences: Estoppel of...

Kennedys on

The Appellate Court of Illinois recently reminded insurers that they may be estopped from raising coverage defenses through their misleading acts or statements, including silence. In Monroy-Perez v. Sentry Select Ins. Co.,...more

WaterStreet Company

Certified Mail vs. Proof of Mail for Insurance

WaterStreet Company on

Insurance carriers operate in one of the most regulated industries. Communication with policyholders is not only essential, but legally required. When sending cancellation notices, conditional renewals, or premium increases,...more

Marshall Dennehey

Fourth District Court of Appeal Reversed and Remanded a Final Judgment in Favor of the Insureds Where Prompt Notice Was Not...

Marshall Dennehey on

Security First Insurance Company v. Linda Visca and Silvio Visca, No. 4D2023-0961, June 5, 2024 - On February 20, 2020, the defendant was notified of the plaintiffs’ September 10, 2017, Hurricane Irma claim. The policy stated...more

Wiley Rein LLP

No Prejudice Required for Late Notice Under Claims-Made E&O Policy

Wiley Rein LLP on

The United States District Court for the Southern District of New York, applying Michigan law, has held that a claims-made E&O policy does not afford coverage where the insured failed to comply with a condition precedent to...more

Lowenstein Sandler LLP

Second Circuit ‘Swipes Right’ on Notice Requirement for Tinder

Lowenstein Sandler LLP on

Today on Don't Take No For An Answer, Lynda A. Bennett and Alexander B. Corson discuss a recent Second Circuit decision that reinforces the importance of reading claims-made policies carefully. The case involves Tinder, the...more

Marshall Dennehey

The Trial Court Incorrectly Entered Directed Verdict for the Insurer

Marshall Dennehey on

Wenzel v. Homeowners Choice Prop. & Cas. Ins. Co., Fla. 4th DCA, 4D2023-0088, Apr. 24, 2024 - Following a jury trial, the circuit court entered a directed verdict for the insurer and set aside the jury’s verdict, concluding...more

Lowenstein Sandler LLP

Second Circuit ‘Swipes Right’ on Notice Requirement for Tinder

Lowenstein Sandler LLP on

Policyholders frequently are vexed by the nuances of reporting requirements in claims-made policies, which generally provide coverage only for a “Claim” made during the policy period. While this may sound like a...more

Marshall Dennehey

Third District’s Decision Confirms that the Future of Florida’s Pre-Suit Notice Requirement Remains Uncertain

Marshall Dennehey on

The Third District Court of Appeals of Florida is the latest to join the growing number of Florida appellate courts that have ruled that the pre-suit notice provision of section 627.70152 is procedural in nature and, as such,...more

Wiley Rein LLP

Ninth Circuit Applies “Strict Compliance” Standard to Notice Requirement Under Claims-Made-and-Reported Policy

Wiley Rein LLP on

The United States Court of Appeals for the Ninth Circuit, applying California law, has held that a strict compliance standard applies to satisfying the notice requirement under a claims-made-and-reported policy. The insured...more

Wiley Rein LLP

Late Notice Bars Coverage Under Claims-Made-and-Reported Policy for Claim Noticed to Insurer After Policy Period Expired

Wiley Rein LLP on

The North Carolina Court of Appeals has held that there is no coverage for a claim the insured knew about in July 2019 but failed to report to the insurer until November 2020 — after the expiration of the policy period....more

Wiley Rein LLP

Washington Court Holds Late Notice Bars Coverage Under Claims-Made Policy

Wiley Rein LLP on

A federal district court, applying Washington law, has held that coverage for a claim was barred because an insured failed to provide notice within the claim-made policy’s reporting deadline. In November 2017, the insured...more

Wiley Rein LLP

Coverage Conditioned on Unambiguous Notice Requirements not Subject to Notice-Prejudice Rule

Wiley Rein LLP on

The Supreme Court of Kentucky has held that the notice-prejudice rule does not apply to claims-made-and-reported policies where the policy clearly states notice requirements and unambiguously conditions coverage on the...more

Wiley Rein LLP

First Circuit Holds No Coverage Where Insured Failed to Provide Timely Notice of Claim

Wiley Rein LLP on

The United States Court of Appeals for the First Circuit, applying Massachusetts law, held that no coverage was available for a lawsuit because the insured failed to provide timely notice to the insurer. The insured...more

Wiley Rein LLP

Mississippi Federal District Court Requires Insurer to Establish Prejudice to Deny Coverage Based on Untimely Notice

Wiley Rein LLP on

The United States District Court for the Southern District of Mississippi, applying Mississippi law, has held that noncompliance with a 30-day notice provision in an asset protection policy does not bar coverage unless the...more

Wiley Rein LLP

First Circuit Confirms That Late Notice Bars Coverage Under Claims-Made-And-Reported Policy

Wiley Rein LLP on

The United States Court of Appeals for the First Circuit, applying Massachusetts law, affirmed the United States District Court for the District of Massachusetts’s holding that a university’s late-noticed claim was not...more

Marshall Dennehey

Third District Court Finds That an Insured’s Knowledge of a Possible Claim is Critical to the Calculus of Determining Prompt...

Marshall Dennehey on

The trial court found that the appellants failed to give prompt notice of their loss when they reported it two-and-a-half years after the date of loss, thus triggering the presumption of prejudice....more

Jenner & Block

Seventh Circuit Decision Sends Warning to "Claims Made" D&O Insurance Policyholders

Jenner & Block on

The U.S. Court of Appeals for the Seventh Circuit in Hanover Ins. Co. v. R.W. Dunteman Co., 2022 WL 13769371, --- F.4th --- (7th Cir. Oct. 24, 2022), recently interpreted Illinois law on the aggregation provisions in a claims...more

Wiley Rein LLP

University’s Late-Noticed Claim Not Covered Under Claims-Made-And-Reported Policy; Notoriety of Claim Not an Excuse

Wiley Rein LLP on

The United States District Court for the District of Massachusetts, applying Massachusetts law, has held that a university’s late-noticed claim was not covered under a claims-made-and-reported insurance policy....more

Conn Kavanaugh

No Case is Too Big to Notify a Claims-Made Insurer

Conn Kavanaugh on

A headline-grabbing case regarding race in the college admissions process at an elite university, appealed all the way to the United States Supreme Court, is the type of nightmare scenario that might inspire an educational...more

Cozen O'Connor

Under Texas Law, No Tender Means No Obligation To Defend

Cozen O'Connor on

The United States Court of Appeals for the Fifth Circuit recently affirmed a long-standing Texas rule: the duty to defend is not implicated unless the insured complies with the policy’s notice-of-suit requirements and demands...more

Rivkin Radler LLP

Insurance Update - April 2022

Rivkin Radler LLP on

Cases in our April Insurance Update address several questions: •Are costs incurred to comply with a subpoena covered? •What must an insured show to rebut the presumption of prejudice in a late notice situation? •What...more

Goodwin

Massachusetts Court Holds Notice of TCPA Exclusions Sufficient to Avoid TCPA Violation

Goodwin on

On January 7, 2022, the Massachusetts Appeals Court issued a decision concerning whether two insurance companies provided sufficient and timely notice to its Insured regarding the exclusion of coverage for Telephone Consumer...more

Zelle LLP

New Fla. Atty Fee Law May Be Boon To Property Insurers

Zelle LLP on

Florida S.B. 76, designed to curb first-party property insurance litigation in Florida, took effect on July 1. While the bill addresses several critical property insurance topics including roof-surface reimbursement...more

Wiley Rein LLP

No Coverage for Claim First Made and Reported After Policy Expired

Wiley Rein LLP on

A Louisiana federal district court has held that a claims-made-and-reported professional liability policy did not provide coverage for a claim first made and reported years after the policy expired. Sistrunk v. Haddox, 2021...more

48 Results
 / 
View per page
Page: of 2
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide