Gerrard Realty Corp. v. American States Insurance

How courts have described this case

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

• holding that insured failed to overcome presumption of prejudice created by giving notice to carrier 22 months after lawsuit had been filed
• holding applies to all types of insurance after delay of more than one year
• holding as a matter of law that the insurer was prejudiced by not receiving notice until after trial because the insurer was denied the opportunity to investigate, defend, or settle
• holding as a matter of law that the insurer was prejudiced by not receiving notice until after trial because the insurer was denied the opportunity to investigate, defend, or settle
• collecting additional cases in which unexplained delays of three years, one year, and three months were deemed unreasonable as a matter of law
• insureds who fail to provide statutorily required notice of loss bear the burden of demonstrating lack of prejudice to insurer

Source: CourtListener parenthetical corpus (CC0).