Ace American Ins. Co. v. Underwriters at Lloyds and Companies
957 A.2d 1179
This text of 957 A.2d 1179 (Ace American Ins. Co. v. Underwriters at Lloyds and Companies) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Ace American Ins. Co. v. Underwriters at Lloyds and Companies, 957 A.2d 1179 (Pa. 2008).
Opinion
*1180 ORDER
AND NOW, this 1ST day of October, 2008, the Petition for Allowance of Appeal is GRANTED. The issues, which have been rephrased for clarity, are:
Did the Superior Court err in holding that the notice provision in a claims made policy constitutes a condition precedent to coverage, rather than a limitation, thereby placing the burden on the insured to show compliance with the condition, rather than on the insurer to show breach?
Did the Superior Court err in declining to extend this Court’s holding in Brakeman v. Potomac Insurance Co., 472 Pa. 66, 371 A.2d 193 (1977), that in the context of a liability policy, the insurance company will be required to prove that the notice provision was breached and that the breach resulted in prejudice to its position, to the claims-made policy at issue in this case?
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Related
Brakeman v. Potomac Insurance Co.
371 A.2d 193 (Supreme Court of Pennsylvania, 1977)
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Bluebook (online)
957 A.2d 1179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ace-american-ins-co-v-underwriters-at-lloyds-and-companies-pa-2008.