Insurance Coverage Litigation CLE: Recent Trends

is is there a particular timeframe in
which most courts would consider notice of a claim going to carrier late it
varies from jurisdiction to jurisdiction but what I try to tell clients when I’m
working on coverage cases is that you know basically you have to you have to
look at this very carefully and you know if the notice is certainly more than 90
days it’s going to be a real problem 30 days borderline issues 60 days
probably going to probably going to be late
Tim may have some comment on that as well well again it depends every time on
a first-party claim by an insured for benefits in at least in California they
would have to the carrier would have to show a substantial actual prejudice by
the delay for instance that property was removed and let’s say there’s a fire or
a flood and the kids in the entire kitchen is demolished and removed before
they carry gets to see whether or not it was damaged that would show substantial
actual prejudice right in a third-party claim typically as long as the carrier
can get in and defend before a judgment entered it’s very difficult under the
Campbell case to show substantial actual prejudice in a third party case it’s
mostly a concept in a first-party clean

Leave a Reply