Month: March 2026

Late Notice in Property Insurance: One Issue, Three Different Rules

Late notice has quietly reemerged as one of the most consequential, and unsettled, issues in first-party property insurance claims. While the policy language often appears straightforward, courts across the country are taking sharply different approaches to a fundamental question: Does late notice automatically bar coverage, or must the insurer prove prejudice? The answer increasingly depends …

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Property in 60 Seconds: Minnesota Federal Court Orders Discovery Into Insurer’s Use of AI

A recent decision in Estate of Lokken v. UnitedHealth Group, Inc. highlights emerging litigation risks associated with insurers’ use of artificial intelligence tools to guide coverage decisions. The case involves allegations that UnitedHealth Group relied on an AI-driven predictive model developed by its subsidiary naviHealth to determine the appropriate duration of post-acute medical care for insureds. The court’s …

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