late notice rule (Colorado) · Go Syfert
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late notice rule in Colorado

5 Colorado opinions name it 2 courts 1998–2022 1 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Lauric v. USAA Casualty Insurance Co.green
coloctapp · 2009 · cited in 1 Colorado opinions naming this issue, 2022–2022
1 sentence

2022Co., 209 P.3d 190, 193 (Colo. App. 2009) (“Although the decision in Clementi involved a late notice of claim, we conclude that the supreme court, as evidenced by the decision in Friedland and its disapproval of the Hawkeye decision in Clementi, would apply the notice-prejudice rule to an insured's failure to notify the insurer of, and obtain its consent to, a settlement with a tortfeasor in a UIM case.”), with Stresscon, ¶¶ 8-9 (“We did not [in Friedland] also implicitly extend our newly minted notice-prejudice rule to no- voluntary-payments or consent-to-settle provisions.”). ¶ 32 In our view

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Marez v. Dairyland Insurance Co. green
colo · 1981
2 sentences

2005Co., 638 P.2d 286 (Colo.1981) (“Marez") should be overruled with respect to liability insurance policies. 2.

2005Co., 638 P.2d 286 (Colo. 1981) applies to the notice provisions of the proposed AIG liability insurance policy rather than the Notice/Prejudice Rule.” .

22005–2005
Clementi v. Nationwide Mut. Fire Ins. Co. green
colo · 2001
1 sentence

2009As noted in Clementi, 16 P.3d at 230 , forfeiting insurance benefits when the insurer has not suffered any prejudice would be a disproportionate penalty and provide the insurer a windfall based on a technical violation of the policy.

12009–2009
Haller v. Hawkeye-Security Insurance Co. green
coloctapp · 1997
1 sentence

1998Haller v. Hawkeye-Security Insurance Co., 936 P.2d 601 (Colo.App.1997).

11998–1998

Where else courts name it

NY 1820 (1939–2026) NJ 109 (1975–2026) IL 14 (1995–2026) CO 5 (1998–2022) CA 4 (1963–2007) TX 3 (2008–2018) MO 3 (1984–1998) CT 2 (1993–2000) OH 2 (1996–2004)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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