After an accident, a Pennsylvania insured does not notify the insurer and instead settles directly with the other party for $5,000 without the insurer's consent. Under the ISO Personal Auto Policy's duties after an accident and Pennsylvania's rule on late notice, which consequence is most likely?
Correct
The answer is D: The insurer may deny coverage if it shows the failure to give notice and cooperate prejudiced it.
The PAP conditions coverage on prompt notice and cooperation in the investigation, settlement or defense of a claim, and the insurer has no duty to provide coverage if the failure to comply is prejudicial to it. Pennsylvania also requires an insurer relying on late notice to prove prejudice from the breach (Brakeman). An insured who settles alone and never notifies the insurer takes that risk, because the policy leaves the insurer to settle or defend as it considers appropriate. Such a settlement does not bind the insurer, and defense and supplementary payments are owed only where coverage applies.
Why not ?
Reviewed in our October 2026 Pennsylvania fact-check.
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The answer is D: The insurer may deny coverage if it shows the failure to give notice and cooperate prejudiced it.
The PAP conditions coverage on prompt notice and cooperation in the investigation, settlement or defense of a claim, and the insurer has no duty to provide coverage if the failure to comply is prejudicial to it. Pennsylvania also requires an insurer relying on late notice to prove prejudice from the breach (Brakeman). An insured who settles alone and never notifies the insurer takes that risk, because the policy leaves the insurer to settle or defend as it considers appropriate. Such a settlement does not bind the insurer, and defense and supplementary payments are owed only where coverage applies.
Reviewed in our October 2026 Pennsylvania fact-check.