Tag: notice-prejudice rule

Case Alert – Insurers Must Demonstrate Prejudice From Late Notice In MontanaJun 24, 2015

The Supreme Court of the State of Montana recently handed down a pro policyholder decision in, Atl. Cas. Ins. Co. v. Greytak, 376 Mont. 546, 347 P.3d 263 (2014). In answering a certified question from the Court of Appeals for the Ninth Circuit, the Court clarified that Montana law does in fact apply the notice-prejudice” rule; specifically that insurers cannot simply deny coverage based on an insured’s failure to provide…

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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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