A Suffolk County Justice held that an insurer must demonstrate prejudice before a court will uphold a disclaimer based on untimely notice of a claim for insurance. The Insurance Journal wrote about the case in this article. The court’s analysis is wrong. The Court of Appeals held that notices of claim in the insurance context are conditions precedent and, therefore, a showing of prejudice is not necessary. See Sec. Mut. Ins. Co. v. Acker-Fitzsimons Corp., 31 N.Y.2d 436, 441, 340 N.Y.S.2d 902, 293 N.E.2d 76 (1972) — at least that’s how I read Acker-Fitzsimons. Insurer’s shouldn not be shaking in their boots.