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Insurers Need Not Prove Prejudice to Deny Coverage for Failure to Provide “Prompt Written Notice” Under a Claims-Made Policy
Insurers Need Not Prove Prejudice to Deny Coverage for Failure to Provide “Prompt Written Notice” Under a Claims-Made Policy

Kelsey Hunt, a Law Clerk at Wiley Rein LLP, authored this post. Edited by Jessica Gallinaro.

The United States Court of Appeals for the First Circuit, applying Massachusetts law, has held that an insurer does not need to prove that it was prejudiced by the insured’s untimely notice to deny coverage under a “claims-made” policy. Stormo v. State Nat’l Ins. Co., 2024 WL 4234670 (1st Cir. Sept. 19, 2024).

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