Dean Craft, Plaintiff-Appellant v. Philadelphia Indemnity Insurance Company, a Foreign Corporation, Defendant-Appellee

Summary

The court held that Colorado's notice-prejudice rule does not apply to a claims-made insurance policy's date-certain reporting requirement. Because that requirement defines the temporal scope of coverage and is a material condition precedent, excusing late notice would rewrite the parties' contract rather than merely prevent forfeiture based on a technical notice violation. The court answered the certified question as reframed and returned the case to the Tenth Circuit for further proceedings.