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Tag: claims-made


New Jersey Adopts a “No Prejudice” Rule for Sophisticated Insureds Under “Claims Made” PoliciesMar 21, 2016

If you are a sophisticated business with a claims-made policy, there is a case you should be aware of. Last month, New Jersey adopted a new rule regarding late notice by an insured. In summary, the “no prejudice” rule states that the insurance company does not have to show that it has been prejudiced by the insured’s late notice before it can deny coverage. For full details, please read the…

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The 10th Circuit Reminds Policyholders that Insurance Carriers May Not Be Required to Show Prejudice Under a “Claims-Made” PolicyApr 21, 2015

The 10th Circuit Court of Appeals recently issued a decision that serves to remind policyholders that the insured’s duty to provide timely notice may be treated differently under a “claims-made” policy. Specifically, the 10th Circuit held that insurance carriers may not be required to show that they have been prejudiced by a policyholder’s failure to give “prompt” notice before denying coverage under a “claims-made” policy. While many jurisdictions adhere to…

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