St. Charles Hosp. & Rehabilitation Ctr. v. Royal Globe Ins. Co.

New York Civil Law reported in a prior post that then-Suffolk County Supreme Court Justice Catterson held that the prejudice rule applied to an insurer’s denial based on the insured’s failure to notify the insurer of a claim in a timely fashion. The case is unreported and does not appear on any website, until now. Here is the decision: Download 510029155199814SCIV.pdf. Some attorneys believe this hodling is a sign that the prejudice rule will be required of insurers in the context of timely filing of notice of claim; however, I am not quite sure the Court of Appeals will overturn prior precedent.