The Century Indemnity Company v. Dan Serafine and Francis De Rosa

KNOCH, Circuit Judge.

Plaintiff, The Century Indemnity Company, (hereinafter called “Century”) sought declaratory judgment that Century was not obligated to defend defendant Dan Serafine, its insured, in an action brought against him by the other defendant, Francis De Rosa, in the Superior Court of Cook County, Illinois, or to pay any judgment which might be entered against its insured in that case.

Century asserted that its insured breached Condition 2 of his comprehensive personal liability policy with Century in that he failed to give notice of the “occurrence” involving Dr. De Rosa during…