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Insurance – Notice-prejudice statutes
By: WISCONSIN LAW JOURNAL STAFF//February 25, 2015//
Listen to this articleWisconsin Supreme Court
Civil
Insurance – Notice-prejudice statutes
Wisconsin’s notice-prejudice statutes, Wis. Stat. §§ 631.81(1) and 632.26(2) do not supersede policy requirements that claims be reported during the policy period.
“In sum, the benefits to insurance companies and insureds of claims-made-and-reported policies, the statutory history underlying Wisconsin’s notice-prejudice statutes, the persuasive authority of other courts that have decided the question presented by this case, and the unreasonable results a contrary holding would produce persuade us that Wisconsin’s notice-prejudice statutes permit an insurance company to deny coverage without a showing of prejudice when an insured fails to report a claim within a claims-made-and-reported policy period.”
Reversed.
2013AP500 Anderson v. Aul
Abrahamson, C.J.
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