Judge Refuses To Apply Notice-Prejudice Rule In Directors, Officers Coverage Suit

Mealey's (June 23, 2016, 2:24 PM EDT) -- PADUCAH, Ky. — A Kentucky senior federal judge on June 20 predicted that the Kentucky Supreme Court would not extend the notice-prejudice rule to a claims-made-and-reported insurance policy that clearly and unambiguously requires an insured to provide timely notice of a claim as a condition precedent to coverage, granting the insurer’s motion for summary judgment on breach of contract, bad faith and unjust enrichment claims (C.A. Jones Management Group, et al. v. Scottsdale Indemnity Co., No. 13-00173, W.D. Ky.; 2016 U.S. Dist. LEXIS 80811).

(Memorandum opinion...
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