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ARTICLE · 13 SEPTEMBER 2024

Second Circuit 'Swipes Right' On Notice Requirement For Tinder

Lowenstein Sandler LLP
Lowenstein Sandler LLP
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Lowenstein Sandler LLP

Lowenstein Sandler LLP

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Policyholders frequently are vexed by the nuances of reporting requirements in claims-made policies, which generally provide coverage only for a "Claim" made during the policy period. While this may sound...

United StatesInsurance

Policyholders frequently are vexed by the nuances of reporting requirements in claims-made policies, which generally provide coverage only for a "Claim" made during the policy period. While this may sound like a straightforward inquiry, the definition of "Claim" and the specific language used in a policy's notice section may lead to a knee-jerk denial from an insurer followed by costly "form over substance" debates that may conclude with lasting financial consequences. As always, the words matter, and in this case, the days mattered too.

Last month, Tinder received a disappointing decision from the Second Circuit Court of Appeals, overturning its victory on a motion to dismiss filed by its insurer in a coverage action. Tinder received a letter in February 2016 from a consultant alleging that his contributions to the "super like" functionality of the popular dating app wrongfully went uncompensated. The consultant filed suit against Tinder on Wednesday, Aug. 17,

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