Selective’s policy, number S2644748, issued March 14, 2024, with an effective date of March 1, 2024, contains notice requirements, including the duty to give “prompt notice” of any accident, claim, suit, or loss; to “immediately send [Selective] copies of any request, demand, order, notice, summons or legal paper received concerning the claim or suit”; and to “cooperate with [Selective] in the investigation or settlement of the claim or defense against the suit.” Selective claims USC’s failure to comply with these duties constitutes a material breach resulting in substantial prejudice, including loss of opportunity to investigate the incident, interview witnesses, access vehicle data, settle claims pre-suit, or present meritorious defenses.
