Article ID: 0a662526c18dc9255614f21686639b66c03811d09de4762f6fa737fb23d1d93d
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URL: https://www.businessinsurance.com/qbe-must-show-harm-to-deny-discrimination-claim-appeals-court/
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QBE must show harm to deny discrimination claim: Appeals court - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers QBE must show harm to deny discrimination claim: Appeals court by Richard Sine Employment Practices QBE Oct 5, 2026 QBE Insurance cannot deny coverage for two employment-discrimination claims because of late notice unless it shows the delay caused it harm, a federal appeals court ruled Friday. In Geneva Rock Products Inc. v. QBE Insurance Corporation, the 10th U.S. Court of Appeals in Denver reversed a judgment in favor of the insurer and sent the case back to a trial judge. QBE refused to defend or pay claims under an employment practices liability insurance policy submitted by Taylorsville, Utah-based Geneva Rock Products, saying it first received written notice in April 2021, more than two years after its reporting deadline. Geneva said in July 2025 that it had made more than $4.5 million in out-of-pocket payments to date in the two cases, according to court filings. Geneva’s policy covered claims first made against the company during the policy period. QBE required notice no later than 60 days after the policy expired in 2018. A trial court granted QBE summary judgment, ruling the notice was late and that QBE did not need to show harm because the policy covered claims made during a set period. Accepting the late notice as given, the circuit judge wrote that “an insurer generally must demonstrate prejudice before denying coverage based on untimely notice” under Utah law. A Utah statute exempts some claims-made policies that require notice before they expire. The QBE policy had a 60-day grace period, so it did not qualify for the exemption, the court said. The panel did not decide whether QBE was harmed, a factual question the lower court never reached. The ruling does not require QBE to pay. It only says QBE must now prove harm. 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