Extract to table

We recommend that Fiona Hartwell confirm the applicable SIR amount with Calder & Whitfield and provide the information to us promptly, as the SIR must be satisfied before the insurer's payment obligations are triggered

By contrast, the Fortbridge policy specifically includes an affirmative enforcement grant, under which the insurer agrees to cover costs incurred by the insured in prosecuting claims against third-party infringers

Under Connecticut law, the insurer must demonstrate prejudice from late notice to disclaim coverage, which mitigates the risk somewhat, but the analysis is fact-specific and the outcome is uncertain