On March 27, 2012, the Connecticut Supreme Court issued a decision in Arrowood Indemnity Co. v. King, 304 Conn. 179 (2012), which now places the burden on insurers to prove, by a preponderance of the evidence, that they were prejudiced by late notice of claims under insurance policies in order to deny coverage on that ground.
In doing so, the Connecticut Supreme Court overruled its decision in Aetna Casualty & Surety Co. v. Murphy, 206 Conn. 409 (1988), which for 24 years required policyholders to demonstrate a lack of prejudice in order to avoid denial of their claims on the ground of late notice.
