Nationwide Mutual Fire Insurance v. Estate of Files

How courts have described this case

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

• finding a five-month delay sufficiently protracted and collecting cases which held four-month, eight-month, and six-month delays were protracted too
• “A five- month delay in giving notice is sufficiently protracted as to require the insured to offer evidence of a reasonable excuse for the delay”
• “A five-month delay in giving notice is sufficiently protracted as to require the insured to offer evidence of a reasonable excuse for the delay.”
• “Absence of prejudice to the insurer from the delay is not a factor to be considered.”
• five-month delay requires insured to offer reasonable excuse
• “If conflicting inferences can be drawn from the evidence, the question of reasonableness is submitted to the trier of fact. If the facts are undisputed, however, and the insured does not show justification for the protracted delay, the court may find the delay unreasonable as a matter of law.”

Source: CourtListener parenthetical corpus (CC0).