In the case of Ace American Insurance Co. v. Underwriters and Lloyds, (December 20, 2007), the Superior Court ruled on the issue of late notice. The Court ruled that in a claims-made policy (as opposed to an occurrence policy): (a) notice is a condition precedent to coverage, and not a limitation of coverage; and (b) the notice-prejudice occurrence rule does not apply to “claims made policies.”
