Ohio laws backdating insurance policies
Claims made insurance policies provide coverage for claims first made during the policy period.
So if the claim is made during the policy period, there’s coverage, right? Under most claims made policies, the claim also has to be during the policy period or within a short period after the policy period ends.
As discussed below, I believe the insurance process should recognize this frequency and set things up so that the policyholder doesn’t forfeit coverage for a mere procedural error, at least in the absence of prejudice.
Judge Marbley also held that the insurer was not required under California law to show prejudice in order to rely on the late notice to deny coverage.
California law, he said, provides that the notice prejudice rule does not apply to claims made policies.
The parties filed cross-motions for summary judgment.
In a June 12, 2018 decision and order Judge Marbley granted the insurers’ motion for summary judgment as to both sets of insureds, concluding the insurer had no duty to defend either set of insureds.