Marcantonio v. City of New York

How courts have described this case

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

• recognizing New York’s “no prejudice” rule as a limited exception to established rules of contract law
• requiring reinsurer to satisfy “the general contract law principal that a breach will excuse performance only if it is material or demonstrably prejudicial”
• refusing to apply presumption of prejudice in late notice dispute in reinsurance context
• referring to the no-prejudice rule as a “limited” exception for insurance contracts
• stating, in a late notice of occurrence case, that a \reinsurer must demonstrate how [late notice] was prejudicial and may not rely on the presumption of prejudice that applies in the late notice disputes between primary insurers and their insureds\ (emphases added)
• stating, in a late notice of occurrence case, that a “reinsurer must demonstrate how [late notice] was prejudicial and may not rely on the presumption of prejudice that applies in the late notice disputes between primary insurers and their insureds” (emphases added)

Source: CourtListener parenthetical corpus (CC0).