This form provides a boilerplate contract clause authorizing each party's attorney to give notice on behalf of his or her client.
Illinois Notice Provisions - Giving of Notice as an Obligation or as a Condition Precedent
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How to fill out Notice Provisions - Giving Of Notice As An Obligation Or As A Condition Precedent?
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FAQ
Choice of law clause, also known as a governing law clause, that allows the contract parties to choose the substantive law of Illinois to apply to the contract.
Illinois is a fact-pleading jurisdiction. 10 Under this standard, the pleader is required to set forth and allege facts that support his or her cause of action, i.e., those facts necessary for recovery pursuant to a legally recognized cause of action.
Generally speaking, an insurer is prejudiced by an insured's breach of a policy requirement when the purposes of the breached policy requirement are defeated. 12 Thus, to apply this comprehen- sive definition of insurer prejudice, one must first understand the purposes underlying the breached policy requirement.
State's Unfair Trade Practice Act: ?No insurer shall deny any claim based upon the insured's failure to submit a written notice of loss within a specified time following any loss, unless this failure operates to prejudice the rights of the insurer.?
The notice-prejudice rule requires that the insurance company can assert late notice as a defense to coverage only if the late notice has caused actual prejudice to the insurer. What prejudice means differs from jurisdiction to jurisdiction and is often factually based.
? Finally, under California's notice prejudice rule, an insurance company may not deny an insured's claim under an occurrence policy based on lack of timely notice or proof of claim unless it can show actual prejudice from the delay.
The Texas Supreme Court has held that where an insured fails to provide notice of a claim "as soon as practicable" under a claims-made policy but nonetheless before the end of the policy term or other reporting period, the insurer must demonstrate prejudice from the delay to deny coverage.
Practitioners need to also remember that if a party files an affirmative answer, the opposing party must file a reply, or the affirmative defenses will be deemed admitted. 735 ILCS 5/2-602.
