In the Matter of the Arbitration Between William C. Brandon, Respondent, and Nationwide Mutual Insurance Company…

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that an insurer cannot rely on the defense of a policyholder’s failure to promptly forward the summons and complaint in a supplemental uninsured motorist (SUM) claim without first demonstrating prejudice. The court declined to extend the “no‑prejudice” exception, which applies to late notice of claim, to the notice‑of‑legal‑action requirement.