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Three new appellate decisions show the requirement for insurers to demonstrate actual prejudice to avoid coverage for late notice in most situations remains alive and well in Indiana. The article discusses Tri-Etch, Dreaded and Precision Plastics. These cases show that, while insurers may sometimes be able to avoid paying pre-tender defense costs without a showing of prejudice, they remain obligated to demonstrate actual prejudice to avoid coverage for other types of claims.
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