Policy Defenses - Lamson Dugan & Murray LLP

Late Claim Notice Must Be Truly Prejudicial

8TH CIRCUIT REJECTS "GOTCHA" POLICY CLAUSES. In the new case of Century Surety Co. v. Jim Hipner LLC, et al, No. 15-2120 (8th Cir. Nov. 23, 2016) the insurer denied a policyholder's claim due to late notice. The 8th Circuit panel chastised the insurer for its denial, stating that the insurance company was trying to have it both ways. What does this mean? Well, Dear Readers, let's dive in and [...]

Failing To Cooperate With An Insurer – Is This A Bar To Coverage In Nebraska

Anne Marie O'Brien2018-05-24T21:08:52-05:00December 5th, 2015|Midwest Insurance Law Guide, Policy Defenses|

NOT NECESSARILY. HOW ABOUT THAT FOR A DEFINITIVE ANSWER? HUH??? Well, my Dear Readers, we do know that everything in insurance has to do with context - both factual and contractual. What is the exact wording of the insurance agreement? Because we know that under Nebraska law (and all other states) policy interpretation is a matter of contract law. If the terms are not ambiguous, the courts will give the language its true [...]