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Panel Splits on Effect of Insured's Failure to Notify Carrier of Claim

By Sherri Okamoto (Legal Reporter)

Tuesday, July 30, 2013 | 0

A named insured's breach of its duty to notify its carrier of a potential claim covered under the policy did not bar coverage for additional insureds who have complied with their duty under the policy notice provision, the Illinois Appellate Court ruled.Case: Mt. Hawley Insurance Co. v. Robinette Demolition, No. 11 CH 05457, 07/26/2013, published. Facts: The Robinette Demolition Co. entered into an "ongoing sub-contract agreement" with Cobra Concrete Cutting Service for Cobra to provide concrete-cutting services to Robinette on future projects.The agreement obligated Cobra to "defend,...

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