Magistrate: Insurer Not Required To Show It Was Prejudiced By Untimely Notice

ST. LOUIS - A federal magistrate judge in Missouri on May 16 found that a directors and officers and employment practices insurer is not required to establish that it was prejudiced by an insured's failure to provide timely notice of an underlying claim for breach of contract, unjust enrichment, fraud, negligent misrepresentation and conspiracy, granting the insurer's motion for summary judgment (Secure Energy Inc. v. Philadelphia Indemnity Insurance Company, No. 4:11CV1636 TIA, E.D. Mo.; 2013 U.S. Dist. LEXIS 69320).

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