Janet Tolbert | Wilson Elser The Western District of Texas Declines to Impose a Prejudice Requirement on a Fixed-Time Notice Provision in a Commercial Property Policy Texas is considered a “notice-prejudice” state, meaning that as a general rule an insurer is required to demonstrate it was prejudiced by an insured’s late notice of a claim… Continue reading When Is Late Notice Really Too Late?
Tag: Late Notice
Insurer’s Late Notice Defense Fails on Summary Judgment
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion for summary judgment to dismiss the claim because the insurer did not provide notice “as soon as practicable” was denied. Vintage Hospitality Group LLC v. Nat’l Trust Ins. Co., 2021 U.S. Dist. LEXIS 192651 (M.D. Ga. Oct. 6, 2021). Vintage owned… Continue reading Insurer’s Late Notice Defense Fails on Summary Judgment
In Washington, Late Notice may not Preclude Coverage, but it could Cost you your Fee Claim
Kevin Mapes | The Policyholder Report | August 10, 2016 The Washington Court of Appeals recently issued an unpublished opinion that should serve as a warning to policyholders pursuing coverage in Washington. On its surface, The Port of Longview v. Arrowood Indemnity Co. (Aug. 2, 2016) was a significant win for the insured. The appellate… Continue reading In Washington, Late Notice may not Preclude Coverage, but it could Cost you your Fee Claim