United States Third Circuit

In order to assert a late notice defense under New Jersey law, the insurer must prove not only that it was given late notice of the accident, but also that it suffered actual appreciable prejudice as a result of the late notice.

Appellate Information

• Decided 02/08/2001
• Published 02/08/2001

Judges

• Before McKEE, ROSENN, and CUDAHY, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Robert G. Clyne (argued), Hill Rivkins & Hayden LLP, Jersey City, NJ, Counsel for Appellant.


• For Appellees:
  
• Michael J. Breslin, Jr. (argued), Breslin & McNerney Hackensack, NJ, Counsel for Appellee.