Notice-Prejudice Rule Applies In Contamination Coverage Suit, Panel Says
(July 19, 2016, 10:18 AM EDT) -- DENVER — A trial court erred in finding that no coverage is afforded for environmental contamination cleanup costs because the trial court failed to determine if the insurer was prejudiced by the insured’s late notice of the claim, the Colorado Court of Appeals said July 14 (MarkWest Energy Partners L.P., v. Zurich American Insurance Co., No. 15-0770, Colo. App., Div. 1; 2016 Colo. App. LEXIS 956).
(Opinion available. Document #03-160720-005Z.)
MarkWest Energy Partners L.P. filed suit in the Denver County District Court against its insurer, Zurich...