Posts tagged Notice of Claim.
Insurers Need Not Prove Prejudice to Deny Coverage for Failure to Provide “Prompt Written Notice” Under a Claims-Made Policy
Insurers Need Not Prove Prejudice to Deny Coverage for Failure to Provide “Prompt Written Notice” Under a Claims-Made Policy
Second Circuit Finds Pre-Suit Letter Was a “Claim” and Remands for Determination of Whether Notice of Claim Was Timely
Second Circuit Finds Pre-Suit Letter Was a “Claim” and Remands for Determination of Whether Notice of Claim Was Timely
Texas Court Finds That Trademark Infringement Claims Involve Interrelated Wrongful Acts
Texas Court Finds That Trademark Infringement Claims Involve Interrelated Wrongful Acts
Ninth Circuit Applies “Strict Compliance” Standard to Notice Requirement Under Claims-Made-and-Reported Policy
Ninth Circuit Applies “Strict Compliance” Standard to Notice Requirement Under Claims-Made-and-Reported Policy
No Coverage for Lawsuit Served on Insured’s Registered Agent Prior to Policy Inception
No Coverage for Lawsuit Served on Insured’s Registered Agent Prior to Policy Inception
Washington Court Holds Late Notice Bars Coverage Under Claims-Made Policy
Washington Court Holds Late Notice Bars Coverage Under Claims-Made Policy
First Circuit Holds No Coverage Where Insured Failed to Provide Timely Notice of Claim
First Circuit Holds No Coverage Where Insured Failed to Provide Timely Notice of Claim
First Circuit Confirms That Late Notice Bars Coverage Under Claims-Made-And-Reported Policy
First Circuit Confirms That Late Notice Bars Coverage Under Claims-Made-And-Reported Policy
Coverage Barred for Lawsuit Tendered to Insurer After Two-Year Delay
Coverage Barred for Lawsuit Tendered to Insurer After Two-Year Delay
Claims Arising from Undisclosed Circumstances Barred by Exclusion in Application
Claims Arising from Undisclosed Circumstances Barred by Exclusion in Application
No Coverage for “Related Claims” Derived From Single Transaction Where First Claim Was Not Timely Noticed to Insurer
No Coverage for “Related Claims” Derived From Single Transaction Where First Claim Was Not Timely Noticed to Insurer
Insurer Must Show Prejudice to Deny Coverage for Untimely Notice Under Claims-Made Policy
Insurer Must Show Prejudice to Deny Coverage for Untimely Notice Under Claims-Made Policy
Summary Judgment Denied Where Determinations of Fact Necessary to Apply Continuous Cover and Innocent Non-Disclosure Provisions
Summary Judgment Denied Where Determinations of Fact Necessary to Apply Continuous Cover and Innocent Non-Disclosure Provisions
No Coverage Under Claims-Made Policy for Lawsuit Served on Registered Agent Before Policy Period
No Coverage Under Claims-Made Policy for Lawsuit Served on Registered Agent Before Policy Period
Kentucky Supreme Court Holds Prior Notice Exclusion Does Not Bar Coverage for Claims Related to Investigation Noticed and Accepted by Prior Insurer
Kentucky Supreme Court Holds Prior Notice Exclusion Does Not Bar Coverage for Claims Related to Investigation Noticed and Accepted by Prior Insurer
Amended Complaint Adding Allegations and Defendants Not an Independent Claim
Amended Complaint Adding Allegations and Defendants Not an Independent Claim
New Jersey Appellate Court Holds No Coverage for Broker Malpractice Lawsuit Noticed Three Years After It Was Filed
New Jersey Appellate Court Holds No Coverage for Broker Malpractice Lawsuit Noticed Three Years After It Was Filed
Court Requires Insurer Show Prejudice for Coverage Denial Where Notice of Claim Given After Reporting Window but Within Policy Period
Court Requires Insurer Show Prejudice for Coverage Denial Where Notice of Claim Given After Reporting Window but Within Policy Period
Negotiation of Severance Agreement with Employee Who Ended Affair With Company President Constitutes a Claim That Was Not Timely Reported Under EPL Policy
Negotiation of Severance Agreement with Employee Who Ended Affair With Company President Constitutes a Claim That Was Not Timely Reported Under EPL Policy
Coverage for SXSW Refund Lawsuit Barred by Contract Exclusion
Coverage for SXSW Refund Lawsuit Barred by Contract Exclusion
Court Declines to Dismiss Coverage Litigation Based on Potential Applicability of Prior Notice Exclusion
Court Declines to Dismiss Coverage Litigation Based on Potential Applicability of Prior Notice Exclusion
Attorney Communications Regarding Undisclosed Contamination Found to Constitute Late-Noticed “Claim” Under Professional Liability Policy
Attorney Communications Regarding Undisclosed Contamination Found to Constitute Late-Noticed “Claim” Under Professional Liability Policy
Kansas Federal Court Holds Notice-Prejudice Rule Inapplicable to Claims-Made Policies
Kansas Federal Court Holds Notice-Prejudice Rule Inapplicable to Claims-Made Policies
Massachusetts Court Confirms No Prejudice Required to Deny Coverage for Late Notice under Claims-Made Policy
Massachusetts Court Confirms No Prejudice Required to Deny Coverage for Late Notice under Claims-Made Policy
Email Expressing Intention to Discuss Settlement Constitutes “Claim”  
Email Expressing Intention to Discuss Settlement Constitutes “Claim”  
Montana Federal Court Holds that Notice-Prejudice Rule Does Not Apply to Claims-Made Policy
Montana Federal Court Holds that Notice-Prejudice Rule Does Not Apply to Claims-Made Policy
Arbitration Demand Letter Constitutes a Claim Requiring Timely Notice
Arbitration Demand Letter Constitutes a Claim Requiring Timely Notice
Texas Federal Court Denies Insurer’s Motion to Dismiss Pending Choice-of-Law Determination
Texas Federal Court Denies Insurer’s Motion to Dismiss Pending Choice-of-Law Determination
No Coverage for Claim First Made and Reported After Policy Expired
No Coverage for Claim First Made and Reported After Policy Expired
Ninth Circuit Holds Notice-Prejudice Rule Inapplicable to Claims-Made-And-Reported Policies
Ninth Circuit Holds Notice-Prejudice Rule Inapplicable to Claims-Made-And-Reported Policies
Kentucky Court Holds That Notice-Prejudice Rule Does Not Apply to Claims-Made-And-Reported Policies
Kentucky Court Holds That Notice-Prejudice Rule Does Not Apply to Claims-Made-And-Reported Policies
New York Insurance Law Does Not Preclude Enforcement of Claims-Made-and-Reported Policy’s Notice Requirements
New York Insurance Law Does Not Preclude Enforcement of Claims-Made-and-Reported Policy’s Notice Requirements
Insured Failed to Timely Report Grievance Letter as 'Professional Claim,' But Insurer’s Late Notice Denial Waived By Seven-Month Delay
Insured Failed to Timely Report Grievance Letter as 'Professional Claim,' But Insurer’s Late Notice Denial Waived By Seven-Month Delay
Texas Court Holds Late Notice Bars Coverage
Texas Court Holds Late Notice Bars Coverage
Question of Fact When “Claim” “First Made” Where Insured Allegedly Did Not Become Aware of Claim Until After Policy Period
Question of Fact When “Claim” “First Made” Where Insured Allegedly Did Not Become Aware of Claim Until After Policy Period
No Coverage for Claim Deemed First Made Prior to Inception of Policy Period
No Coverage for Claim Deemed First Made Prior to Inception of Policy Period
Class Actions Comprising Different Class Periods Causally and Logically Related
Class Actions Comprising Different Class Periods Causally and Logically Related
Declaratory Judgment Complaint Constitutes a Reportable Claim for a Wrongful Act; Subsequent Amended Complaint Adding Insured Defendants Not a Separate Claim
Declaratory Judgment Complaint Constitutes a Reportable Claim for a Wrongful Act; Subsequent Amended Complaint Adding Insured Defendants Not a Separate Claim
Ninth Circuit Holds Demand Letter and Suit Alleging Same Wrongful Acts Are Not Necessarily a Single Claim Where Policy Lacks Related Claims Provision
Ninth Circuit Holds Demand Letter and Suit Alleging Same Wrongful Acts Are Not Necessarily a Single Claim Where Policy Lacks Related Claims Provision
Absent Prejudice, Breach of Notice Conditions Does Not Relieve Insurer of Coverage Obligations
Absent Prejudice, Breach of Notice Conditions Does Not Relieve Insurer of Coverage Obligations
Notice Prejudice Rule Not Applicable to Claims-Made-And-Reported Policies
Notice Prejudice Rule Not Applicable to Claims-Made-And-Reported Policies
Concealment of Pending Lawsuits in Renewal Application Voids Policy
Concealment of Pending Lawsuits in Renewal Application Voids Policy
No Coverage for Claim Made During Initial Policy Period but Reported During Renewal Policy Period
No Coverage for Claim Made During Initial Policy Period but Reported During Renewal Policy Period
Failure to Provide Notice of Claim “As Soon As Practicable” Precludes Coverage
No Coverage for Criminal Investigation Where Claim Was Not Reported During Applicable Notice Period
Fifth Circuit: Late Notice of First Claim Bars Coverage for Related Claims
Failure to Report EEOC Charge Precludes Coverage for Interrelated Lawsuit
Letter to Insured Asserting Right to Patent Applications Constitutes a Claim Made Prior to D&O Policy Period
No Coverage Because of Late Notice and Undisclosed Prior Knowledge of Claim
Claim Supplement in Renewal Application Did Not Constitute Proper Notice under Claims-Made-and-Reported Policy
Failure to Give Timely Notice of Arbitration Bars Coverage, Even Where Insured Gave Timely Notice of Related Claim
Regulatory Warning Notices Asserting Damages Based on Same Acquisition Involve “Related Wrongful Acts”
Specific Entity Exclusion Bars Coverage of Timely-Noticed Lawsuit
Fourth Circuit Holds Virginia Statute Imposing Deadline to Deny Coverage Does Not Apply to Claim Reported Outside Policy Period
No Coverage for Whistleblower Action or Subpoena Noticed to Insurer After End of Policy Reporting Period
Statute of Limitations Period Begins When Insured Can Plead Prima Facie Elements of Bad Faith Case
No Duty to Defend Under Claims-Made-and-Reported Policy Where Notice of Claim Given Nine Months After Cancellation
Mailroom Mix-Up Cannot Excuse Notice Requirement Noncompliance
Amended Complaint Raising Different Legal Theory Is Not a Claim First Made at Time of Initial Complaint
No Coverage Under Claims Made and Reported Policy for Claim Reported After Policy Expiration
No Coverage for Underlying Lawsuits Due to Insured’s Failure to Provide Notice as Soon as Practicable
Notice of Accident Constitutes Timely “Claim” Based on Insurers’ Conduct
No Coverage for Criminal Investigation Where Sealed Affidavit Identifying Insured as Target of Investigation Was Not Reported During Policy Period
Insured’s Late Notice of Original Discrimination Charges Bars Coverage for Related Lawsuits
No Coverage Available Where Insured Fails to Provide Notice of Potential Claim During First Policy Period and Knew About, But Failed to Disclose, Potential Claim Prior to Second Policy Period
Court Declines to Hold Broker Accountable for Insured’s Failure to Report Known Claims in Application
No Coverage For Claims Interrelated with Prior Improperly-Noticed Claim
Coverage Barred for Claim Made During Initial Policy Period and Reported in Renewal Period
No Coverage Where Claim Reported After Extended Reporting Period
Insurer Need Not Demonstrate Prejudice from Late Notice Under Claims Made and Reported Policy
No E&O Coverage Where Insured Failed to Report Claim During Policy Period When It Was First Made
“Non-Specific,” “Boiler-Plate” Notice of Potential Claim Insufficient as a Matter of Law
Eighth Circuit Affirms That Notice Given During Policy Period but Seven Months After Complaint Filed is Not “As Soon As Practicable”
Notice-Prejudice Rule Applies to Claims-Made Policy
Insured’s Failure to Provide Notice of Demand Letter Precludes Coverage for Related Lawsuit Noticed in Subsequent Policy Period
Insured’s Lack of Notice of Claims and Settlement Demand Bars Coverage
Federal Liability Risk Retention Act Preempts Maryland’s Notice-Prejudice Statute for Non-Chartered Risk Retention Group
Court Finds Late Notice of Claim Prejudiced Insurer
Initial Inquiry Letter from Office of Disciplinary Counsel Constitutes “Disciplinary Proceeding,” Triggering Notice Obligation
No Actual Prejudice From Late Notice Where Insurer Could Not Have Altered Outcome of Claim
Notice by One Insured Does Not Satisfy Notice Requirement for Different Insured
Tenth Circuit Finds Notice of Temporary Restraining Order Against Insured Did Not Constitute Proper Notice of Subsequent Lawsuit
Architect’s Prior Knowledge Bars Coverage for Professional Liability Claim
Absent Prejudice, Untimely Notice Does Not Preclude Coverage if Notice Provided During Renewal Policy Period
Insufficient Notice of Potential Claim Held to Bar Coverage
Attorney’s Reporting of Alleged Ethics Violations Not “Professional Services”; Eight-Month Delay in Providing Notice Precludes Coverage as a Matter of Law
Non-Specific Notice of Potential Claim Insufficient Under Claims-Made Policy
Seven-Month Delay Constitutes Late Notice as a Matter of Law
Late Notice Bars Recovery of Claimant’s Unsatisfied Default Judgment under New York Statute
No Coverage for Claims Made After Statutory Coverage Extension Period Upon Notice of Policy Non-Renewal
No Coverage for Lawsuit After Policy Period that Does Not Arise from Notice of Circumstances
Due to Lack of Notice, E&O Carrier Has No Duty to Indemnify Insured Auto Insurer’s Settlement Payment Stemming from Bad Faith Claim
Replacement Professional Liability Policy Sufficiently “Similar” to Original Policy to Prevent Application of Extended Reporting Period
Fourth Circuit Upholds Summary Judgment for Insurer Based on Late Notice Because Insurer Suffered Actual Prejudice Due to Default Judgment
Maryland Court Holds Insurer Failed to Show Prejudice Resulting from Late Notice
Claims-Made-and-Reported Policies Do Not Violate Louisiana Statute
Sixth Circuit Affirms That Notice-Prejudice Rule Does Not Apply to Claims-Made Policies
Letter Seeking Disbursement of Funds Pursuant to Agreement Was Not “Claim”
Dentist’s Alleged Sexual Misconduct Not Covered Under EPL Policy
New Jersey High Court Holds Prejudice Not Required Under Claims-Made-and-Reported Policy
No Prejudice Necessary to Deny Coverage for an Insured’s Late Notice under Consecutive Claims-Made-and-Reported Policies
Pennsylvania Notice-Prejudice Rule Does Not Apply to Claims-Made Policies
Failure to Provide Notice of Related Suit and Exclusion for Insufficiency of Escrow Funds Preclude Coverage for Title and Escrow Company
Maryland Federal Court Holds Coverage Barred by Insured’s Prior Knowledge and by “Actual Prejudice” from Late Notice
Fifth Circuit Holds That Amended Complaints Relate Back to Original Complaint That Sought Only Injunctive Relief
Notice Outside Policy’s 30 Day Reporting Requirement Untimely As a Matter of Texas Law Notwithstanding Lack of Prejudice
No Coverage for a Lawsuit Filed Two Years after the Expiration of a Claims-Made-and-Reported Policy
“Regardless of Any Apparent Intent,” Excess Policy Does Not Follow Notice Condition of Primary Policy
Court Applies Subjective Standard to Prior Knowledge Exclusion
Failure to Provide Notice of EEOC Charge for Nearly Two Years Is Unreasonable As a Matter of Law
No Coverage Under Claims-Made-And-Reported Policy Where Claim Not Made or Reported During the Policy Period
Notice-Prejudice Rule Does Not Apply to Fidelity Bonds
Crime Bond Affords No Coverage Where Insured Bank Fails to Submit Complete Proof of Loss Prior to FDIC’s Appointment as Receiver
Claim First Made After Policy Period But During Extended Reporting Period Does Not Trigger Coverage Under Claims-Made-And-Reported Policy
No Duty to Defend Where Insured Received Demand Prior to Policy’s Inception
Insurer Need Not Demonstrate Prejudice to Disclaim Coverage for Late Notice under Excess Claims-Made Policy
Prejudice Irrelevant to Late Notice Where Timely Notice Is Condition Precedent
Unserved Qui Tam Complaint Does Not Satisfy “Claim First Made” Requirement of Claims-Made Policy
Federal District Court Concludes No Coverage for Untimely Claim
No Coverage Under Claims-Made-and-Reported Policies for Claims Not Timely Reported
Insurer Has No Duty to Defend When Insured Fails to Give Adequate Notice During Policy Period
Insurer Has Duty to Defend under Claims-Made Policy Where Insured Potentially Received Notice of the Claim During the Policy Period
Wisconsin Notice-Prejudice Statutes Do Not Apply to Claims-Made-And-Reported Policies
Colorado’s Notice-Prejudice Rule Does Not Apply to Claims-Made Policies
No Coverage for Suit Based on Unreported Demand Made in Prior Policy Period
Return of Fees Exclusion Does Not Bar Coverage For Suit Arising From Client’s Payments to Law Firm Pursuant to Invalidated Contingent Fee Agreement
Renewal of Claims-Made-and-Reported Period Does Not Extend Claim Reporting Period
Coverage Determined By Date Notice Is Received By Insurer, Not By Date It Is Sent
New York High Court Holds that Timely Notice to Broker Does Not Satisfy Required Notice to Insurer
Insured Firm Could Have Foreseen that Failure to Timely Serve Party Would Lead to Malpractice Claim
Consecutively Issued Renewal Policies Do Not Create a Continuous Reporting Period
Malpractice Suit Related Back to Claim for Compensation from Client Security Fund
Amended Complaints Relate Back to Original Complaint That Sought Only Injunctive Relief
Policies Afford No Coverage for Litigation Arising Out of Unreported Demand Letter
No Coverage for Claim First Reported to Insurer Two Years After Expiration of Claims-Made-and-Reported Policy
Timely Notice of Initial Claim Excuses Untimely Notice of Subsequent Related Claims
Louisiana Direct Action Statute Does Not Preclude Enforcement of Reporting Requirements in Claims-Made-and-Reported Policies
Michigan Statute Excusing Failure to Comply with Notice Requirements Can Apply to Claims-Made Policies
New York Court of Appeals Declines to Impose “As Soon As Reasonably Possible” Requirement on All Insurer Disclaimers
Notice Six Months Late Was Not “As Soon As Practicable”; No Prejudice Showing Required Under Claims-Made Policy
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