Before the court en banc. Opinion by Gibbons.
In these consolidated appeals regarding insurance coverage, the Court addressed whether an insurer must demonstrate that it was prejudiced by the delay before denying coverage based on untimely notice of a claim. The Court first determined that the district court improperly granted summary judgment because the facts regarding the timeliness of the notice were in dispute. Addressing the main substance of the case, the Court held that its decision rejecting a prejudice requirement, Insurance Co. v. Cassinelli, 67 Nev. 227, 216 P.2d 606 (1950), had been abrogated by a later enacted administrative regulation and that requiring the insurer to demonstrate prejudice is the better rule. As such, the Court held that an insurer may not deny coverage based on untimely notice of a claim without demonstrating (1) that the notice was late and (2) that the late notice prejudiced the insurer. Reversed and remanded for further proceedings. (Kerry S. Doyle, Associate in the Reno office of McDonald Carano Wilson)
