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Case Citations [1] (April 2023 - August 2023)

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                                 THE  AMERICAN
                                 LAW   INSTITUTE



                                      Spring 2023 Citations



                        LIABILITY INSURANCE



         CHAPTER 3. GENERAL PRINCIPLES REGARDING THE RISKS INSURED

                                    TOPIC   2. CONDITIONS

§ 35. Notice and Reporting Conditions

D.N.H.2021.  Cit. in sup. Insureds sued insurer, after it denied insureds' request for coverage under a
claims-made policy for remediation costs arising from a fuel-storage-tank leak on their hotel property on
the ground that insureds provided notice of the incident after the seven-day notice period. This court
granted summary judgment  for insureds, holding that the notice was within the policy period and insurer
suffered no prejudice from the late notice. The court cited Restatement of Liability Insurance § 35 in
explaining that, while an occurrence policy provided coverage for losses during the policy period,
regardless of when the insured discovered the loss or reported it to the insurer, such a policy could
nonetheless require an insured to provide notice as soon as practicable or within a specified period; in
contrast, a claims-made policy required the insured to discover the loss and inform the insurer during the
policy period. TRT Development Company,  Inc. v. ACE American  Insurance Company, 566 F.Supp.3d
118, 124, 125.





















                             COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE
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                                    Printed in the United States of America
          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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