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New York Trial Court Extends Brandon to RequireCommercial Liability Insurer to Show Prejudice to Bar Coverage for Late Notice of Suit ( November 2003 )
In <i>Brandon v. Nationwide Mut. Ins. Co.,</i> 97 N.Y.2d 491, 743 N.Y.S.2d 53 (2002), the New York Court of Appeals held that a Supplementary Uninsured Motorist insurer must show prejudice in order to deny coverage on the basis of late notice of a legal action. Justice Edward D. Carni of the New York Supreme Court extended <i>Brandon</i> to hold that a commercial liability insurer must show prejudice in order to deny coverage based on late notice of a lawsuit. -
New York's Highest Court Will Examine The State's Late Notice Rules ( February 2003 )
New York stands virtually alone in allowing insurers to deny coverage based upon late notice without demonstrating appreciable prejudice from the delay. The Second Circuit, however, recently certified a question to New York's Court of Appeals, which requires it to revisit the issue. -
Auto Accident in Utah ( February 2001 )
It can happen to anyone-you're driving down the road, and you hear a sickening crunch as your head snaps forward. . -
It Has Been a Week Since I Was Rear-ended and I Still Feel Terrible… ( September 2000 )
It can happen to anyone-you're driving down the road, and you hear a sickening crunch as your head . -
Notice A Key to Contract Relief ( November 1999 )
We have often written in this Newsletter and spoken at our construction law seminars about the allocation of risks . -
Personal Injury Rules of Thumb ( November 1999 )
If You Are Injured On The Job. Notify your employer of your injury within 10 days of the date of accident . -
Examination Under Oath: "Not Just Another Deposition" ( June 1999 )
TABLE OF CONTENTS BACKGROUND YOUR DUTIES AFTER LOSS. IMPACT OF THE INSURED'S FAILURE TO COMPLY A FORMAL "DEMAND. -
Notice To Municipalities ( October 1998 )
Before a tort claim can be filed against a municipality, proper notice must be given to the municipal government, w.
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