Publications

New Late Notice Law Requires Insurers to Show Prejudice

January 2, 2009
New York Law Journal

For New York insurance law practitioners, New Year's 2009 will usher in substantial changes to long-standing fundamental principles of New York insurance law. In just about two weeks, New York will join the majority of states and impose upon insurance companies the obligation to demonstrate prejudice as a condition to denying coverage based on late notice of a claim. This is a significant departure for New York, which has long been aligned with the minority of states that strictly enforce timely notice requirements without regard to existence of prejudice.