As discussed in prior posts (see here and here), whether an insurer must demonstrate that it has been prejudiced when disclaiming coverage for late notice of an occurrence is an issue the Court of Appeals will soon review.  A Supreme Court decision in Suffolk County stands for the proposition that the Court has signaled that the no prejudice rule should no longer stand.  The successful party in that Supreme Court case has filed an amicus curiae brief in ARGO Corp. v. Greater N.Y. Mut. Ins. Co., arguing that the no prejudice rule should no longer be the law in New York (Here is a .pdf file of the brief Download SCAN_35300372_000.pdf ).

The use of amicus curiae brief is another way to advance your arguments.  The Court of Appeals is an extremely friendly Court, which encourages amicus briefs.  However, a truly helpful amicus brief offers the Court a different point of view from the parties’ briefs and does not attempt to rehash the arguments already made in the parties’ briefs.