The New York Court of Appeals has scheduled arguments for February 2005 concerning two appeals that address New York’s "no-prejudice" rule (see prior posts here, here, and here).  The no-prejudice rule is an exception to a contract rule in which New York courts will not require an insurer to demonstrate prejudice if an insurer proffers a late notice of claim or occurrence without a reasonable explanation or excuse.

Two cases addressing different aspects of the rule will be argued together — Argo Corp. v. Greatner N.Y. Mut. Ins. Co. and Rekemeyer v. State of New York.