Atlantic Casualty Insurance v. Greytak

¶1 This matter comes to the Court pursuant to M. R. App. P. 15 on a question of Montana law certified by the United States Court of Appeals for the Ninth Circuit:

Whether, in a case involving a claim of damages by a third party, an insurer who does not receive timely notice according to the terms of an insurance policy must demonstrate prejudice from the lack of notice to avoid defense and indemnification of the insured.

This Court accepted the certified question by Order of July 8,2014, and the parties and several amid curiae have filed briefs.

¶2 We answer the question: yes.

BACKGROUND

¶3…