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PA Superior Court Addresses Notice in Claims Made and Occurrence Policies.

January 9, 2008

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In the case of <em>Ace American Insurance Co. v. Underwriters and Lloyds</em>, (December 20, 2007), the Superior Court ruled on the issue of late notice. The Court ruled that in a claims-made policy (as opposed to an occurrence policy): (a) notice is a condition precedent to coverage, and not a limitation of coverage; and (b) the notice-prejudice occurrence rule does not apply to “claims made policies.”
<a href="http://www.superior.court.state.pa.us/opin.htm">http://www.superior.court.state.pa.us/opin.htm</a><em></em>

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