Bankers Ins. Co. v. MacIas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that a showing of prejudice is relevant when an insured breaches a cooperation clause, which is a condition subsequent, or a notice provision
• noting that a showing of prejudice is relevant when an insured breaches a cooperation clause, which is a condition subsequent, or a notice provision
• holding instead that the insurer is entitled to a presumption of prejudice if the insured “fails to give timely notice” of a claim
• quashing lower appellate court’s decision because appellate court “applied the breach of cooperation presumption against the insurer when it should have applied lack of notice presumption against the insured.”
• in cases involving the breach of a condition precedent, the burden is on the insured to show a lack of prejudice
• failure to cooperate is a condition subsequent and it is proper to place the burden of showing prejudice on the insurer

Source: CourtListener parenthetical corpus (CC0).