April 22, 2011
Insurer did not suffer actual prejudice due to chocolate manufacturer’s 13-month delay in bringing claim for spoilage of 15,000 cases of chocolate bunnies, and thus insurer could not deny claim due to untimely notice; insurer had an opportunity to investigate the facts and circumstances surrounding the spoilage claim, insurer retained an independent adjuster to investigate the claim, adjuster interviewed witnesses and reviewed documentation concerning specifications and spreadsheets evidencing the loss, and manufacturer retained two chocolate bunnies as samples for insurer to examine.
Frankford Candy & Chocolate Co., Inc. v. Valiant Ins. Co., 2006 WL 224237 (Pa. Com. Pl. 2006)
Suggested by Sarah Tomlinson; Attorney, William G. Schwab and Associates; Lehighton, PA