It is fairly well established in many courts across the United States that “late notice” of a claim under an occurrence-based commercial general liability (“CGL”) policy presents a problem for insureds only when it “actually” and “substantially prejudices” an insurer.
'Prejudice'
It is fairly well established in many courts across the United States that "late notice" of a claim under an occurrence-based commercial general liability ("CGL") policy presents a problem for insureds only when it "actually" and "substantially prejudices" an insurer. In light of that standard, insurers appear to face high hurdles if they rely on notice issues to avoid coverage. At the very least, it seems that the question of prejudice is highly factual and thus should be preserved for a jury to decide.
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Linda D. Kornfeld And Cameron H. FaberThis premium content is locked for LawJournalNewsletters subscribers only
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