The Colorado Court of Appeals has ruled that the “notice-prejudice rule,” which requires an insurer to prove that it was prejudiced by an insured’s late notice of a claim in order to deny coverage, does not apply to homeowners insurance policies, but added that “this case may present an opportunity for our supreme court to provide clarity on this question.”

Karyn Gregory bought a homeowners policy from Safeco Insurance Co., according to the appeals court’s opinion. During the policy period, Gregory’s roof sustained damage in a hailstorm in May 2017. Eighteen months later, a contractor informed her of the damage to the roof due to the hailstorm and Gregory filed a claim for the covered expense.

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