New York Court of Appeals Roundup: Movement Away From the “No Prejudice” Rule For Late Notice of Insurance Claims?
In their monthly New York Law Journal column about New York Court of Appeals developments, Roy Reardon and Mary Elizabeth McGarry discuss whether an insurer must show prejudice from late notice of a claim in order to prevail in a coverage action. They also discuss the scope of New York’s common law of copyright and cause of action for infringement, and its most recent interpretation of the “castle doctrine,” which provides that a person need not retreat before responding to attack with lethal force if he is in his home.