Extract to table

The case on the Kanawha Bend late-notice denial is the stronger of the two, as the applicable jurisdictions (whether Illinois or West Virginia) likely impose a "notice-prejudice" requirement on the insurer, meaning Meridian must demonstrate actual prejudice from TMC's delay in providing notice — a burden Meridian will have difficulty meeting on these facts

If all four sites are covered and each constitutes a separate occurrence, the aggregate must be allocated among four occurrences, each subject to the $50

The insurer must demonstrate that the exclusion is "clear and free from doubt" and that the facts supporting its application are established by a preponderance of the evidence

Montana courts apply the well-established rule that insurance contracts are construed most strongly against the insurer that drafted them, and that exclusions must be given the narrowest reasonable interpretation consistent with the policy language

Weaknesses and Risks We must candidly assess the weaknesses in TMC's position on the Ridgecrest coverage dispute: 1

The scope and specificity of this pre-inception documentation is a critical unknown that must be evaluated through a careful review of TMC's internal records