Pre-Tender Defense Costs Are Recoverable If There Is No Appreciable Prejudice For Late Notice

​A New Jersey trial court recently held that pre-tender defense costs are recoverable if the insurance company fails to establish that it suffered appreciable prejudice as a result of late notice of a claim.  Policyholders can use the rationale of this decision to rebut insurance company arguments that they should not pay any pre-tender defense costs for claims where late notice is an issue.

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