TEMPLO FUENTE v. NAT. UNION FIRE

A-18 September Term 2014, 074572

129 A.3d 1069 (2016)

224 N.J. 189

TEMPLO FUENTE DE VIDA CORP. and Fuente Properties, Inc., Plaintiffs-Appellants, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, P.A., Defendant-Respondent.

Supreme Court of New Jersey.

Decided February 11, 2016.


Attorney(s) appearing for the Case

Mitchell B. Seidman , argued the cause for appellants (Seidman & Pincus, attorneys).

Andrew L. Indeck , Warren, argued the cause for respondent (Weber Gallagher Simpson Stapleton Fires & Newby, attorneys; Mr. Indeck and Brad A. Baldwin, on the brief).


In this appeal, we are called upon to determine whether, in order to disclaim coverage, an insurance company must show it was prejudiced by an insured's failure to comply with the notice provision in a Directors and Officers "claims made" policy.

In the instant case, the insured, who had...

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