Bergh v. Canadian Universal Insurance Co.

SPECTOR, Judge.

This is an appeal from an adverse declaratory decree holding that the appellee is not liable to appellant under a professional liability policy it had issued to him respecting a given claim being litigated against the physician by a former patient.

The liability insurer denied coverage for the claim because of the insured’s failure to give the company timely notice as required by condition two of the policy which states:

“Upon the insured becoming aware of any alleged injury covered hereby, written notice shall be given by or on behalf of the insured to the company or any of its…