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Case Citations [1] (April 2023 - August 2023)

handle is hein.ali/aliliabil9932 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2023 Citations LIABILITY INSURANCE CHAPTER 3. GENERAL PRINCIPLES REGARDING THE RISKS INSURED TOPIC 2. CONDITIONS § 35. Notice and Reporting Conditions D.N.H.2021. Cit. in sup. Insureds sued insurer, after it denied insureds' request for coverage under a claims-made policy for remediation costs arising from a fuel-storage-tank leak on their hotel property on the ground that insureds provided notice of the incident after the seven-day notice period. This court granted summary judgment for insureds, holding that the notice was within the policy period and insurer suffered no prejudice from the late notice. The court cited Restatement of Liability Insurance § 35 in explaining that, while an occurrence policy provided coverage for losses during the policy period, regardless of when the insured discovered the loss or reported it to the insurer, such a policy could nonetheless require an insured to provide notice as soon as practicable or within a specified period; in contrast, a claims-made policy required the insured to discover the loss and inform the insurer during the policy period. TRT Development Company, Inc. v. ACE American Insurance Company, 566 F.Supp.3d 118, 124, 125. COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.