RTE Corp. v. Maryland Casualty Co.

The principal issue in this case is whether the insured’s failure to give any notice of loss to the insurer for more than nine months after the insured’s property was damaged released the insurer from liability as a matter of law.

FACTS

Maryland Casualty Company issued to RTE Corporation an indemnity policy of property damage insurance which for purposes of this appeal both parties agree may be considered to be a cargo insurance policy. The policy contained the following provisions of interest on this appeal:

it “14. 'OTHER INSURANCE: Except as to specific insurance as defined in Section 13 of…