in Re Eagleridge Operating, Llc

How courts have described this case

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

• concluding that an insurer must prove that it was prejudiced by the insured’s untimely notice in order to disclaim liability
• insurer must prove prejudice from late notice to defeat uninsured motorist as well as liability claims
• “a late-notified insurer may deny under-insured motorist coverage only when it proves that it was prejudiced by the delay”
• ambiguous language in standard automobile policy, which is controlled by insurance commissioner, is not construed against insurer
• one Massachusetts insured driver trying to collect from her husband’s higher underinsurance policy
• in order to deny coverage based on “an insured’s failure to notify the company seasonably of an occurrence that might give rise to liability” an insurance company must also demonstrate that the delay prejudiced its interests

Source: CourtListener parenthetical corpus (CC0).