Insurance Law

Recent Posts

Maryland Court Holds Prejudice Rule Applies to Claims Made and Reported Policy
Posted on 29 Apr 2014 by Brian Margolies

In its recent decision in Navigators Specialty Ins. Co. v. Med. Benefits Administrators of Maryland , 2014 U.S. Dist. LEXIS 22631 [ enhanced version available to lexis.com subscribers ], the United States District Court for the District of Maryland had... Read More

Ten Most Significant Insurance Coverage Decisions Of 2013 – Texas Supreme Court: Insured’s Settlement Without Insurer’s Consent Covered Insured’s Texas 1-Step: Settle And Skip Insurer’s Consent
Posted on 15 Jan 2014 by Randy J. Maniloff

As a general rule, when an insured is tardy in providing notice of claim to an occurrence-based liability insurer, the insurer is not relieved of coverage, on such ground, unless it can demonstrate that it was prejudiced by such late notice. This is often... Read More

Noticeable Confusion - "Claims Made" Policies, Late Notice, And When Your Insurer Must Prove Prejudice To Avoid Coverage
Posted on 24 Apr 2014 by Mealeys

By John E. Heintz, John A. Gibbons, and Omid Safa An adverse claim is an unwelcome surprise to any business, particularly those unaccustomed to being sued. A lawsuit is unsettling and brings with it a litany of pressing litigation concerns, which... Read More

Colorado Supreme Court: No Prejudice Required For “Claims Made” Policy Breach
Posted on 14 Apr 2015 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes In what can hardly be viewed as a surprising decision, the Colorado Supreme Court held in Craft v. Philadelphia Indemnity, No. 14SA43 (Colo. Feb. 17, 2015), [ enhanced version available... Read More

Insurer Required to Show Prejudice Because the Reporting Requirement in the Policy Conditions Did Not Transform the Claims-Made Policy Into a Claims-Made-and-Reported Policy
Posted on 25 Aug 2014 by Troutman Sanders

NewLife Scis. LLC v. Landmark Am. Ins. Co. , 2014 U.S. Dist. LEXIS 21469 (N.D. Cal. Feb. 18, 2014), [ enhanced version available to lexis.com subscribers ]. In NewLife Sciences , the district court held that the notice-prejudice rule was applicable... Read More

Supreme Court Addresses Really, Really Late Notice: Like, After Settlement
Posted on 27 Oct 2015 by Randy J. Maniloff

Tapas: Small Dishes of Insurance Coverage News & Notes An insured settled a case and then gave notice to its insurer. As you may expect, the Supreme Court of Nebraska in Rent-A-Roofer, Inc. v. Farm Bureau Property & Casualty Ins. Co., No. S... Read More

Supreme Court Allows Discussion Of Insurance In Personal Injury Trial
Posted on 1 Sep 2015 by Randy J. Maniloff

You know the rule of evidence. Mentioning the availability of insurance, during a personal injury trial, is a big N-O. The rule is designed to prevent prejudice in the verdict, which might result if the jury is aware that an insurance company, and not... Read More

Reed Smith on An Analysis of West American Ins. Co. v. Yorkville Nat'l Bank:Twenty-Seven Month Delay Not Unreasonable Notice According to Illinois Supreme Court
Posted on 16 Mar 2011 by LexisNexis Insurance Law Newsroom Staff

By Emily E. Garrison, associate, Reed Smith, LLP Few states follow the minority rule that an insured’s failure to give reasonable notice of a claim to its insurer will defeat the right of the insured to recover under a policy. In determining... Read More

Reed Smith LLP on Avoiding Disproportionate Forfeiture of Insurance Coverage Through Doctrines of Waiver, Estoppel, Mend the Hold, Prejudice, and Good Faith and Fair Dealing
Posted on 5 Oct 2011 by LexisNexis Insurance Law Newsroom Staff

By Timothy P. Law and Lisa A. Szymanski, Attorneys, Reed Smith LLP This article discusses various doctrines applied by courts to avoid the technical forfeiture of insurance coverage. These doctrines include waiver, estoppel, "mend the hold,"... Read More

Reed Smith on An Analysis of West American Ins. Co. v. Yorkville Nat'l Bank:Twenty-Seven Month Delay Not Unreasonable Notice According to Illinois Supreme Court
Posted on 16 Mar 2011 by LexisNexis Insurance Law Newsroom Staff

By Emily E. Garrison, associate, Reed Smith, LLP Few states follow the minority rule that an insured’s failure to give reasonable notice of a claim to its insurer will defeat the right of the insured to recover under a policy. In determining... Read More

Reed Smith LLP on Avoiding Disproportionate Forfeiture of Insurance Coverage Through Doctrines of Waiver, Estoppel, Mend the Hold, Prejudice, and Good Faith and Fair Dealing
Posted on 5 Oct 2011 by LexisNexis Insurance Law Newsroom Staff

By Timothy P. Law and Lisa A. Szymanski, Attorneys, Reed Smith LLP This article discusses various doctrines applied by courts to avoid the technical forfeiture of insurance coverage. These doctrines include waiver, estoppel, "mend the hold... Read More