What Is Required to Be Determined In the Two-Step Approach In Late-Notice Cases ?
In Ferrando v. Auto-Owners Mut. Ins. Co., 98 Ohio St.3d 186, 2002 Ohio 7217, 781 N.E.2d 927, the Ohio Supreme Court held:
"The two-step approach in late-notice cases requires that the court first determine whether the insured's notice was timely. This determination is based on asking whether the insurer received notice 'within a reasonable time in light of the all the surrounding facts and circumstances.' If the insurer did received notice within a reasonable time, the notice inquiry is at an end, the notice provision was not breached, and coverage is not precluded. If the insurer did not receive reasonable notice, the next step is to inquire whether the insurer was prejudiced. Unreasonable notice gives rise to a presumption of prejudice to the insurer, which the insured bears the burden of presenting evidence to rebut." Id. at 208.