Insurer Failed To Show It Was Prejudiced By Late Notice Of Fuel Spill, Judge Says

Mealey's (October 15, 2021, 1:38 PM EDT) -- CONCORD, N.H. — A storage tank liability insurer cannot deny coverage on the basis of untimely notice without showing that it was prejudiced by the insured’s failure to report a fuel spill within seven days of the discovery of the fuel spill, a New Hampshire federal judge said Oct. 13 in granting the insured’s motion for summary judgment and denying the insurer’s motion for summary judgment....