Fireman's Fund Insurance Company and Medical Liability Mutual Insurance Company F/k/a Health Care Underwriters'…

Summary

The court answered a certified question by holding that an insurer need not prove prejudice when an insurance policy makes timely notice of a claim a condition precedent to recovery. Strict compliance is required in that circumstance, and failure to provide timely notice forfeits coverage regardless of prejudice. If the policy does not make notice a condition precedent, the insurer must show prejudice from the delay.