Joining a majority of states that have addressed the issue, the Montana Supreme Court recently held that “an insurer who does not receive timely notice required by the terms of an insurance policy must demonstrate prejudice from the lack of notice in order to avoid the obligation to provide defense and indemnification of the insured.” … Continue Reading
By Proskauer Labor and Employment Department on Posted in Notice
Policyholders often are cautioned to provide notice of a claim to their insurance carrier as soon as possible to avoid the risk that the carrier will deny coverage due to late notice. A recent court decision in New Jersey highlights the importance of this practice. The Superior Court of New Jersey, Appellate Division, held in … Continue Reading
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