PUBLISHED ON: August 8, 2014
The New Jersey Appellate Division recently examined the notice requirements provided in a claims-made insurance policy in Templo Fuente De Vida Corp. v. National Union Fire Insurance Company of Pittsburgh PA, No. A-4516-12, 2014 N.J. Super. Unpub. Lexis 1303 (App. Div. June 6, 2014), and has once again made it more difficult for policyholders to secure insurance coverage when timely notice is at issue.
It is well-established in New Jersey, and everywhere else in the country, that with a claims-made policy the policyholder must provide notice of a claim during the same policy period in which the policyholder received the claim, otherwise coverage is forfeited. New Jersey courts adhere to this principle even when the result is harsh. Templo Fuente takes this principle one giant step further.