Legal Opinion
Unigard Security Insurance Company, Inc., Successor to Unigard Mutual Insurance Company, Inc. v. North River Insurance Company
Court of Appeals for the Second Circuit
Decided September 9, 1993No. 197, Docket 91-7534PublishedCited by 145 opinions
1Opinion of the Court
WINTER, Circuit Judge:
Unigard Security Insurance Company, Inc., appeals from Judge Sweet’s decision after a bench trial rejecting its late loss notice defense under a facultative reinsurance certificate with North River Insurance Company. 1 See Unigard Sec. Ins. Co. v. North River Ins. Co., 762 F.Supp. 566 (S.D.N.Y.1991).
Judge Sweet held that, although North River’s notice under the certificate was five months late, Unigard could not prevail on its late loss notice defense because it had failed to prove prejudice. He also held that Uni-gard was liable for expense costs that exceeded the…
2Cases cited21 opinions
- Christiania General Insurance Corporation of New York v. Great American Insurance CompanyCourt of Appeals for the Second Circuit · 1992
- Sun Mutual Insurance v. Ocean InsuranceSupreme Court of the United States · 1883
- Sharon Steel Corp. v. Chase Manhattan Bank, N.A.Court of Appeals for the Second Circuit · 1982
- Insurance Company of the State of Pennsylvania v. Associated International Insurance CompanyCourt of Appeals for the Ninth Circuit · 1991
- Unigard Security Insurance v. North River InsuranceNew York Court of Appeals · 1992
16 more not listed; retrieve them via the Exa API.
3Cited by145 opinions
- North River Insurance Company v. Cigna Reinsurance CompanyCourt of Appeals for the Third Circuit · 1995
- Scandinavian Reinsurance Co. v. Saint Paul Fire and Marine Ins. Co.Court of Appeals for the Second Circuit · 2012
- Odyssey Re (London) Ltd. v. Stirling Cooke Brown Holdings Ltd.District Court, S.D. New York · 2000
- Pacific Employers Ins Co v. Global Reinsurance Corp of AmeCourt of Appeals for the Third Circuit · 2012
- American Bankers Insurance v. Northwestern National InsuranceCourt of Appeals for the Eleventh Circuit · 1999
140 more not listed; retrieve them via the Exa API.