Insurance Law Lesson 92: Notice (2)

In Michigan, a notice condition in a liability policy cannot be enforced if it was not reasonably possible for the policyholder to provide notice earlier on.

Michigan Complied Law 500.3008 provides that:

“In such liability insurance policies there shall be a provision that notice given by or on behalf of the insured to any authorized agent of the insurer within this state, with particulars sufficient to identify the insured shall be deemed to be notice to the insurer; and also a provision that failure to give any notice required to be given by such policy within the time specified therein shall not invalidate any claim made by the insured if it shall be shown not to have been reasonably possible to give such notice within the prescribed time and that notice was given as soon as was reasonably possible.

But, does this mean that old claims-made coverages (Lesson 87) can be triggered if notice was not reasonably possible during the claims-made policy period?

Leave a Reply