Timely Notice and Presumption of Prejudice

Indiana Insurance sought a rehearing of the Indiana Supreme Court's opinion in a previous case. In that ruling, the court addressed the issue of whether a CGL form covers an insured contractor for the faulty workmanship of its subcontractor. (The court answered that question in the affirmative.) However, an issue that the court did not address was the timeliness of the insured's notice to the insurer and the effect on coverage, and that is what Indiana Insurance sought to have answered. This case is Sheehan Construction Company v. Continental Casualty Company, 938 N.E.2d 685 (2010).