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Court: Law Does Not Preclude Enforcement of Policies Notice Requirements

The New York Supreme Court, Appellate Division, has determined that in the case of a personal injury action that was reported after a renewal policy began, but outside of the depicted reporting periods, New York insurance law does not preclude enforcement of claims-made-and-reported policy’s notice requirements.

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The New York Supreme Court, Appellate Division, has held that under New York law, an insurer had no duty to defend or indemnify a personal injury action in which the insured failed to provide notice of the claim during the policy period or the extended reporting period as is required under the claims-made-and-reported policy. The case is Certain Underwriters at Lloyd’s London Subscribing to Policy No. PGIARK01449-05 v. Advance Tr. Co., Inc., 2020 N.Y. App. Div. LEXIS 6906.

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