Insurance 101 – Chapter 4 – Volume 3 – Notice Conditions – 2

Notice Conditions – 2

Many courts have recognized that an insured’s failure to comply with such a provision is not an absolute bar to coverage. For example, in California  the Court of Appeal found that California law is settled that a defense based on an insured’s failure to give timely notice requires the insurer to prove that it suffered substantial prejudice … Prejudice is not presumed from delayed notice alone. The insurer must show actual prejudice, not the mere possibility of prejudice.

The following video was adapted from my book, “Insurance Claims A Comprehensive Guide” Published by the National Underwriter Company and is available at the Zalma Insurance Claims Library

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