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Pa. Appeals Court: Notice-Prejudice Rule Doesn't Apply to Claims-Made Policies

The Legal Intelligencer

January 28, 2008

The Pennsylvania Superior Court has declined to extend the "notice-prejudice" rule found in occurrence policies to claims-made insurance policies. The court ruled that insurer Lloyds and Columbia Casualty did not have to indemnify ACE American for a bad faith claim of over $37 million because ACE American did not comply with the policy's heightened notice requirements for claims over $4 million. And in another ruling, the court overturned a revocation of a prominent Atlanta attorney's pro hac vice status.

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