Insurers using untimely notice as reason for denying a claim must notify the insured of that belief in writing as soon as reasonably possible, or else the insurer waives the right to that defense, according to a recent New York court decision.
In the case before the New York Supreme Court, Appellate Division, First Department–Estee Lauder Inc. v. OneBeacon Insurance Group, LLC, etc., et al.–OneBeacon rejected Lauder's claim for defense and indemnity with respect to two environmental claims against Lauder.
OneBeacon cited as justification, in two separate letters, that it "cannot locate any further evidence" of the policy under with Lauder sought coverage.
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