holding that the insurer was prejudiced as a matter of law because it was never notified of the lawsuit
How later courts described this case
- holding that the insurer was prejudiced as a matter of law because it was never notified of the lawsuit
- holding insurer was prejudiced as a matter of law because it was never notified of the lawsuit
Written by the judges who cited it.
The opinion
Marianna Brown Bettman, Presiding Judge,
dissenting.
I would not allow the insurer the right to rely on the policy defense of failure of notification of suit against the insured in the underlying case of Neckerman against the insured when, after a complete investigation of the claim, ten months before suit was filed against the insured, the insurer denied coverage, with no reservation of rights and no explanation to the insured about what further was required of him.