Court: Law Does Not Preclude Enforcement of Policies Notice Requirements

The New York Supreme Court, Appellate Division, has held that under New York law, an insurer had no duty to defend or indemnify a personal injury action in which the insured failed to provide notice of the claim during the policy period or the extended reporting period as is required under the claims-made-and-reported policy. The case is Certain Underwriters at Lloyd’s London Subscribing to Policy No. PGIARK01449-05 v. Advance Tr. Co., Inc., 2020 N.Y. App. Div. LEXIS 6906.

Lloyd’s London issued a claims-made-and-reported policy to Advance Transit Company with a policy period between October 30, 2016 to October 30, 2017. On May 30, 2017, Advance Transit Co. was sued in a personal injury action. The policy provided coverage for certain claims that were made and reported to Lloyd’s London during the policy period or the extended reporting period, which extended 60 days past the expiration of the policy period. Advance Transit Co. failed to notify Lloyd’s of the personal injury action until January 8, 2018. Lloyd’s denied coverage for the claim, basing the denial on the basis that the claim was not timely reported to the insurer.