Katherine Varholak was quoted in a Law360 Insurance Authority article that examines an anticipated Colorado Supreme Court decision that could allow policyholders to file late damage claims and still be eligible for coverage. Varholak provided Law360 with her insights on the notice-prejudice rule affecting the court’s decision and why it should apply to homeowner claims.

Below is an excerpt from the article.

Katherine D. Varholak, a Denver-based policyholder attorney with Sherman & Howard LLC, told Law360 the notice­prejudice rule was equitable for carriers and policyholders because it precluded insurers from denying coverage based on technicalities, provided that their ability to investigate and evaluate coverage for a claim was not impaired.

“The devastating wildfires over the past few years in areas such as Colorado, California and Hawaii are a primary example of why the notice-prejudice rule should apply to homeowner claims,” Varholak said. “Often these wildfire areas are declared disaster zones and homeowners cannot access their property for many months after a fire.”

Read the full article HERE. (Subscription required).