3 Key Legal Insights on Late Notice Insurance Cases
1. Policy Language Matters: Whether you’re insured or an insurer, the specific language of an insurance policy’s notice requirement—like “as soon as practicable”—could significantly impact coverage. Understanding what’s required and when is the first key to avoiding disputes.
2. Prejudice to the Insurer is Key: In cases of delayed notice, courts are increasingly considering whether the insurer has been harmed or prejudiced by the delay. No prejudice? You might still have coverage.
3. Timing Is Everything:While immediate notice is usually recommended, Illinois and other states may overlook a delay if insurers are given ample time to investigate before a lawsuit is filed
By Samuel A. Lopez, USA Herald
[USA HERALD] – In a perfect world, we’d all promptly report incidents to our insurance companies, giving notice the minute something happens. But life gets in the way, and sometimes, that call to your insurer slips through the cracks. So, what happens if you’re a little late to the party?