Associate Adam R. Dust of the Global Insurance Services practice group discusses New York’s 2008 revision to the insurance code which imposes a prejudice requirement when disclaiming coverage under liability policies issued or delivered in New York after January 17, 2019. In “Disclaiming Coverage Based on Late Notice in New York,” Adam provides historical text behind New York’s prejudice rule that was amended in 2008 and numerous case examples.
“With just over 10 years having passed since New York’s prejudice rule came into effect, the case law interpreting the standard necessary to establish prejudice continues to develop. The decisions to date generally require the insurer to demonstrate a level of diligence in investigating the claim, and to show specific and identifiable instances in which the insurer’s ability to defend the claim has been impaired.”
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More about Goldberg Segalla’s Adam Durst:
Adam’s practice involves counseling insurers and policyholders on their respective coverage obligations or entitlements under first-party and liability policies, including occurrence-based and claims-made coverages, and handling complex coverage litigation.