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Federal Court Holds Notice of Suit Seven Weeks After Jury Verdict Breaches Notice Provisions In Favor of BC Client

12.1.2013

In National Union Fire Ins. Co. of Pittsburgh, Pa. v. Mead Johnson & Co., the United States District Court for the Southern District of Indiana awarded summary judgment in favor of insurers on the issue of late notice. The court held that the insured’s notice of an underlying lawsuit seven weeks after a jury returned a $13.5 million verdict against the insured breached the notice provisions of the policy as a matter of law. The court held that the breach extinguished any potential for coverage under the policies.