Fireman's Fund Insurance Company and Medical Liability Mutual Insurance Company f/k/a Healthcare Underwriters' Mutual Insurance Company v. Care Management, Inc. d/b/a Southwest Nursing Homes, Southwest Nursing Homes, Inc., and Health Care Organizations, Inc.

Summary

The Supreme Court of Arkansas accepted a certified question from the United States District Court for the Eastern District of Arkansas concerning whether an insurer must prove prejudice before denying coverage based on an insured's failure to provide timely notice of a claim. The per curiam order establishes briefing and procedural requirements for the certified-question proceeding.

Holdings

1. The Supreme Court of Arkansas accepted certification of the question whether an insurer must prove prejudice to avoid coverage when the insured fails to give notice of a claim as soon as practicable.

Questions Presented

1. Whether the Supreme Court of Arkansas should accept certification of the question whether an insurer must prove prejudice to avoid coverage when an insured fails to provide notice of a claim as soon as practicable.

Disposition

other