The state Supreme Court has agreed to hear a case providing it a chance to determine what constitutes “actual prejudice” that would relieve an insurer of its duty to indemnify an insured.
In a one-page order issued November 14, the justices also agreed to take up the questions of whether actual prejudice should require an insurer to prove a material impairment to its ability to investigate and defend an uninsured claim as well as what constitutes a reasonable basis for a trial court to find prejudice in a case where the existence of a phantom vehicle was reported late.
