Excess Coverage Provider for JPA Isn't Liable for Untimely Noticed Claim

A California appellate court this week ruled that the Marin School Insurance Authority could not seek coverage from its excess liability coverage provider when it did not give prompt notice of a claim, as a matter of law. MSIA sued its third-party claims administrator 11 years ago, after an audit revealed multiple instances where ESIS Inc. had failed to alert the Schools Excess Liability Fund of claims with potential to exceed MSIA’s self-insurance retention, among other alleged oversights. ESIS agreed to pay $2.7 million in a settlement after a jury found in favor of MS...