State Appeals Court Says Lost Policy Does Not Excuse Late Notice for Claim

摘要

Apolicyholder's difficulty in locating its insurance policy did not excuse late notice to the insurer in a contamination claim, the Indiana Court of Appeals has held Aug. 24 (Travelers Insurance Cos. v. Maple-hurst Farms Inc., Ind. Ct. App., No. 49A04-1006-PL-394, 8/24/11). In an Aug. 24 decision, the court said the insurer could deny coverage for the policyholder's pre-notice remediation and settlement costs under the policy's "voluntary payment" provision without having to show it was prejudiced by the late notice.