Lumbermens Mut. Cas. Co. v. RGIS Inventory Specialists, LLC, No. 09-0753 - U.S. Second Circuit
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Lumbermens Mut. Cas. Co. v. RGIS Inventory Specialists, LLC, No. 09-0753

Excess Insurance Coverage Dispute

In Lumbermens Mut. Cas. Co. v. RGIS Inventory Specialists, LLC, No. 09-0753, an action seeking a declaratory judgment to the effect that defendants were not entitled to coverage under an excess insurance policy for an underlying personal injury judgment because of defendants' untimely notice, the court affirmed summary judgment for defendants where, under the specific circumstances of this case, defendants provided timely notice within the meaning of the excess liability insurance policy's notice provision.

  • As the court wrote:  "This appeal calls upon us to address the meaning and scope (under Michigan law) of a notice provision contained in an excess liability insurance policy issued by plaintiff-appellant Lumbermens Mutual Casualty Company ("Lumbermens"), to its insureds, defendants-appellees RGIS Inventory Specialists, LLC ("RGIS"), Robert M. Birardi ("Birardi"), and Camrac Inc. ("Camrac")."

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