Can the Late Notice Prejudice Rule Lead to Claims Gamesmanship?
The Colorado Supreme Court recently adopted the notice prejudice rule1 as noted in Colorado Supreme Court: Late Notice, No Prejudice, No Problem: The notice-prejudice rule, however, requires the insurer to demonstrate that the delay in notification materially prejudiced its position before it can deny coverage based on a late notice. Essentially, this rule shifts the focus […]
What Does “Surface Water” Mean? NAPIA Files an Amicus Brief in a Legal Fight Over Its Meaning
The term “surface water” generally refers to water that accumulates on the ground’s surface in a diffuse manner, typically resulting from precipitation (rain or snow) that does not flow within a defined channel or watercourse. This definition is crucial in understanding coverage limitations and exclusions within property insurance policies, especially concerning flood damage. Standard form property […]
How to Maintain Your Truck’s Gross Weight Compliance
This post is part of a series sponsored by IAT Insurance Group. Many of the top issues facing the trucking industry this year all roll up into one prime source: the economy.[1] In 2022, the cost of operating in the trucking industry reached a 15-year high, with the cost of operating a single truck reaching […]
The Doom and Gloom Assumes a Costume of Plume—The Insurance Industry Needs to Stop Being So Negative and Watch Out for Its Customers
Self-appointed insurance industry spokesperson, the very capable attorney Steve Badger, made the following comment about Monday’s Colorado Supreme Court decision: A very unfortunate outcome-oriented decision today out of the Colorado Supreme Court applying the notice-prejudice rule to property insurance policies despite the policies having a one year notice of claim requirement. Faced with such a […]
Colorado Supreme Court: Late Notice, No Prejudice, No Problem
Colorado insurance carriers have been denying otherwise valid property insurance claims based on a late notice technicality for years. Until today, it was unclear whether the traditional notice or notice-prejudice rule applied in Colorado, resulting in numerous cases being dismissed for late notice, even where an insurance company had previously made payment for damage. Under […]
Court Differentiates Vandalism from Theft in First Party Insurance Policy
The United States District Court for the Western District of Washington decided an insurance coverage case involving Plaintiffs Benny and Guangying Cheung and Defendant Allstate Vehicle and Property Insurance Company. Cheung v. Allstate Vehicle & Prop. Ins. Co., No. C22-1174 TSZ, 2023 WL 9000432 (W.D. Wash. Dec. 28, 2023). The Court considered whether the Plaintiffs’ loss […]
Best Practices from Lessons Learned
This post is part of a series sponsored by IAT Insurance Group. Most aviation accidents are due to human error. An estimated 69% of general aviation non-commercial fixed-wing aircraft accidents in 2021 were caused by pilot mistakes. The right winter preparation, though, can help you stay safe and avoid disastrous outcomes during cold-weather aircraft operations. […]