Patrick J. Mulqueen

All articles by Patrick J. Mulqueen

 

Denied Times Two: Prejudicial Late Notice and Contractual Limitation Period Both, Separately, Doom First Party Claim

Finding the prejudice from the insured’s late notice was manifest, a federal district court in Connecticut dismissed, with prejudice, a first-party coverage action brought by an insured against her homeowners’ insurer, Allstate Insurance Company. Ruling that the insured’s reporting of the claim to the insurer 14 months after the loss was a material breach of the policy’s notice provision that prejudiced the insurer, the court also concluded that the insured’s action was separately barred by the policy’s 18-month suit limitation
Continue reading...