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Case Briefs

By ALM Staff | Law Journal Newsletters |
April 29, 2009

Second Circuit Affirms Excess Insurer's Right to Timely Notice

A five-year delay in providing an excess insurer notice of a twice-tried medical malpractice claim led the U.S. Court of Appeals for the Second Circuit to vindicate the excess insurer's denial of coverage. The insured's attempt to seek excuse for the delay based upon reliance on advice of counsel also fell on deaf ears at the Second Circuit. Huntington Hospital (“Huntington”) sued defendant New England Insurance Company (“New England”) for breach of contract after New England denied coverage for failure to provide the notice required by the contract. See Huntington Hospital v. New England Reinsurance Company, No. 07-cv-4961 (2d Cir. Feb. 3, 2009).

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