Jenner & Block

Insurance Law Update: “Despite Notice-Prejudice Rule Win, Insureds Should Stay Wary,” Law360

In the May Insurance Law Update, Jenner & Block Partner Brian S. Scarbrough and Associate Deepthika R. Appuhamy examine Providence Health & Services v. Certain Underwriters at Lloyd’s London.  In that case, the US District Court for the Western District of Washington held that a late claims notice by a policyholder is not a defense to coverage, unless the insurer can show it was actually prejudiced by the late notice.  The court concluded this holding was consistent with the “purpose of the notice-prejudice rule and the inherent distinction between occurrence policies and claims-made-and-reported policies.”  The Update was published in Law360.