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• New York Trial Court Extends Brandon to RequireCommercial Liability Insurer to Show Prejudice to Bar Coverage for Late Notice of Suit ( November 2003 )
  Aidan M. McCormack and Cyril E. Smith of Nixon Peabody LLP

  In <i>Brandon v. Nationwide Mut. Ins. Co.,</i> 97 N.Y.2d 491, 743 N.Y.S.2d 53 (2002), the New York Court of Appeals held that a Supplementary Uninsured Motorist insurer must show prejudice in order to deny coverage on the basis of late notice of a legal action. Justice Edward D. Carni of the New York Supreme Court extended <i>Brandon</i> to hold that a commercial liability insurer must show prejudice in order to deny coverage based on late notice of a lawsuit.

• Indiana Supreme Court Issues Opinion In Allstate Insurance Company v. Dana Corp. ( January 2002 )
  Pillsbury Winthrop Shaw Pittman LLP

  In a closely-watched coverage action, the Indiana Supreme court has made six rulings likely to substantially impact insurers.

• Estoppel of the Right to Demand Proof of Loss ( June 1999 )
  Rick  Hammond of

  TABLE OF CONTENTS BACKGROUND WAIVER DISTINGUISHED ESTOPPEL DEFINED ESTOPPEL OPERATES TO AVOID A FORFEITURE I.

• Examination Under Oath: "Not Just Another Deposition" ( June 1999 )
  Rick  Hammond of

  TABLE OF CONTENTS BACKGROUND YOUR DUTIES AFTER LOSS. IMPACT OF THE INSURED'S FAILURE TO COMPLY A FORMAL "DEMAND.

• Fraud and False Swearing: An Analysis of the Insurer's Right to Avoid Coverage ( June 1999 )
  Rick  Hammond of

  TABLE OF CONTENTS BACKGROUND COMMON LAW APPROACH FRAUD AND FALSE SWEARING BURDEN OF PROOF RELIANCE BY INSURER .

• Waiving the Right to Demand Proof of Loss ( June 1999 )
  Rick  Hammond of

  TABLE OF CONTENTS BACKGROUND ESTOPPEL DISTINGUISHED WAIVER DEFINED INTENT—THE NECESSARY ELEMENT INSURANCE CO.