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The United States District Court for the Southern District of New York, applying Michigan law, has held that a claims-made E&O policy does not afford coverage where the insured failed to comply with a condition precedent to coverage requiring it to provide notice of a claim within 90 days of the policy’s expiration, irrespective of whether the insurer can demonstrate prejudice. Atos Syntel Inc. v. Ironshore Indem. Inc., 2024 WL 4227709 (S.D.N.Y. Sept. 17, 2024).
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