Commentary and analysis on the
law of insurance coverage

Category Archives: Late Notice

The Top Five in 2016

top-5  “Everyone else does it” is usually not a particularly compelling justification for doing something.  That everyone else does a year-end retrospective of some kind, however, might be a sufficient reason for doing one.  Collectively, these surveys give us perspective, they distill the essential from the relatively meaningless, and they reduce some of the noise that comes from information overload.  A discussion of the definitive Top Five insurance coverage decisions of 2016 is here. Read More

New Jersey’s Late-Notice “Gotcha” (Revisited)

late-noticeIn reviewing the most important insurance decisions of 2016, I was reminded of an especially troubling opinion by the New Jersey Supreme Court earlier this year.  It was a bad memory that reignited a need to comment on it.  The Appellate Division decision in that case, Templo Fuente De Vida Corp. v. National Union Fire Insurance Co., was the subject of a blog post I wrote in June 2014 that concluded with the following prediction: “It is hard to imagine, in light of New Jersey jurisprudence on the notice issue, that the Supreme Court would affirm the nullification of coverage on account of an immaterial breach of the amorphous ‘as soon as practicable’ provision in a claims-made policy.”  That prediction could hardly have been more wrong.

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