Landmark American Insurance Co. v. Deerfield Construction, Inc.

933 F.3d 806 (7th Cir. 2019)

Words & Phrases

Late Notice: Excess Insurer

Trial Judge

Ruben Castillo

Appellate Judge

Wood

Holding

Excess insurer did not have to provide coverage where insured did not give notice of pending lawsuit until six weeks prior to trial and return of $2.368 million verdict.

Fact Summary

[1]-Insured's notice to the excess insurer was untimely and unreasonable as a matter of law where the language of the excess insurer's policy stated that the insured must give "prompt" notice and at the latest, the insured was aware that the lawsuit could trigger its excess insurance coverage when the driver made a $1.25 million demand in April 2013, yet the excess insurer did not receive notice for another two years; [2]-Insurance broker did not have fiduciary duty that extended beyond performance of limited brokerage actions identified in Illinois Insurance Placement Liability Act.

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