Davis & Partners, LLC v. QBE Insurance

The parties agree that under New Jersey law defendant’s failure to show that it was prejudiced as a result of the untimely notice of occurrence it received pursuant to the subject insurance policy would render its disclaimer of coverage on that ground invalid. However, New York law, although it now requires a showing of prejudice, did not require such a showing at the time the policy was issued (see Argo Corp. v Greater N.Y. *545Mut. Ins. Co., 4 NY3d 332 [2005]; Insurance Law § 3420, as amended by L 2008, ch 388, §§ 2-6, eff Jan. 17, 2009). Having been provided to defendant 18 months after the…