Section 9.25 Did the Insurer Receive Adequate and Timely Notice of the Claim?

• Library: Insurance Practice 2015

It has been said that notice defines the scope of coverage for a claims-made policy, Am. Cas. Co. of Reading, Pa. v. Continisio, 17 F.3d 62, 68 (3^rd Cir. 1994), and that claims-made policies are essentially “reporting policies,” Gulf Ins. Co. v. Dolan, Fertig & Curtis, 433 So.2d 512, 515 (Fla. 1983). While these statements may ignore other factors that also contribute to defining the scope of coverage, they emphasize the significance of the notice provisions of a policy.

In some states, there are statutory...