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Wednesday, July 18, 2007
Ind. Decisions - 7th Circuit issues Indiana insurance coverage decision
In St. Paul Travelers v. Corbin Island Shipyard (SD Ind., Judge Hamilton), a 19-page opinion, Judge Manion writes:
The St. Paul Travelers Companies, Inc. (“St. Paul”) filed a declaratory judgment action seeking a determination of its obligation, if any, to cover the claims of a Corn Island Shipyard, Inc. (“Corn Island”) employee under an insurance policy St. Paul had issued to Corn Island. The district court granted summary judgment in favor of St. Paul concluding that because Corn Island failed to provide St. Paul adequate notice of its claim, coverage was barred as a matter of law. Although we reach the notice issue by a different path, we affirm the judgment for St. Paul. * * *
Because the St. Paul policy does not provide LHWCA coverage to Corn Island, St. Paul is not Corn Island’s LHWCA carrier. As such, the LHWCA notice provision does not apply and New York law on notice applies in this case. Corn Island’s notice to St. Paul of Williams’s injury was late as matter of law thereby barring coverage under the St. Paul policy, the terms of which also do not provide coverage for Corn Island’s claim. Accordingly, we affirm the district court’s grant of summary judgment in favor of St. Paul.
Posted by Marcia Oddi on July 18, 2007 02:57 PM
Posted to Ind. (7th Cir.) Decisions