United States Third Circuit
Pac. Employers Ins. Co. v. Global Reinsurance Corp. of Am., 11-3234
In an insurance company's suit for breach of contract against its reinsurer, the judgment of the district court in favor of the insurance company is reversed and remanded where under New York law when a reinsurance contract expressly requires a reinsured to provide the reinsurer with prompt notice of a claim occurrence as a condition precedent to coverage and the reinsured fails to do so, that failure excuses the reinsurer from its duty to perform, regardless whether the reinsurer suffered prejudice as a result of the late notice.
Appellate Information
- Decided 09/07/2012
- Published 09/07/2012
Judges
- Ambro
Court
- United States Third Circuit