Defense Warns New Rule Could Revive Stale Claims; Justices Probe Retroactivity
At argument, defense counsel said retroactive overruling of Sanchez could revive long‑expired claims and impose liabilities insurers did not price; the Court pressed both sides on how Beavers retroactivity factors should apply.
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Defense counsel told the Court that applying a new prejudice requirement retroactively would risk reopening long‑expired claims and impose liabilities that insurers did not consider when setting premiums. "Reviving long‑expired claims would expose insurers to unpriced liabilities that that they did not consider in setting their rates and premiums," counsel argued.
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