Michael S. Levine, Geoffrey B. Fehling and Charlotte Liszinske | Hunton Insurance Recovery Blog Timely notice is an important first step in a successful insurance recovery. But insurance policies are not always straightforward in identifying how, when, and to whom notice must be provided. Some states may also impose additional procedural hurdles, including requiring policyholders… Continue reading Compliance with Contractual and Jurisdictional Pre-Suit Requirements is Essential to Maximizing Recovery
Tag: Timely Notice
Court Rejects Differing Site Condition Claim for Lack of Timely Notice
John Mark Goodman | BuildSmart A Minnesota federal court dismissed a tunnelling contractor’s differing site condition claim because notice of the condition was given eight days after the conditions were first observed whereas the contract required notice within three days (see Engineering & Construction Innovations, Inc. v. Bradshaw Construction Corp.). The project at issue involves installation of a… Continue reading Court Rejects Differing Site Condition Claim for Lack of Timely Notice
First Circuit Holds No Coverage Where Insured Failed to Provide Timely Notice of Claim
Emily Hart | Wiley Rein 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. Nahant Preservation Trust, Inc. v. Mount Vernon Fire Ins. Co., 2023 WL 5266290 (1st Cir. Aug. 16, 2023).… Continue reading First Circuit Holds No Coverage Where Insured Failed to Provide Timely Notice of Claim
Ohio Appellate Court Rejects Policyholder’s Notice-Prejudice and Continuity of Coverage Arguments
Andrew Daechsel | Property Casualty Focus Claims-made liability insurance policies typically require the policyholder to notify the insurer of a claim within a set amount of time — typically during the policy period, or within a specific period of time after the end of the policy period — to obtain coverage. When policyholders fail to… Continue reading Ohio Appellate Court Rejects Policyholder’s Notice-Prejudice and Continuity of Coverage Arguments