In the Keene case, plaintiffs requested a copy of the baby's medical records a year or so after his birth and the hospital then filed a notice of potential claim
with its insurer.
1994) (finding that the notice to the insurer of a cease-and-desist order and the insured's deteriorating financial condition did not trigger coverage under the notice of potential claim
In fact, at least one recent court has required a good deal of specification in reporting notice of potential claim
Those policies also typically allow--or perhaps require--insureds to provide notice of potential claims
or any circumstances that could give rise to claims.
Most E&O policies contain a "discovery clause," which allows you to give notice of potential claims
, causing the resulting claim to be treated as if it was made when you reported it as a potential one.
These relationships can help ensure that claims offices receive timely notice of potential claims
as they arise.
Therefore, Illinois law provides that the failure to fulfill a condition precedent that requires timely notice of potential claims
relieves the insurer of any duty to defend or indemnify the insured.