SPOLETA CONSTRUCTION, LLC v. ASPEN INSURANCE UK LIMITED

Lindley and Valentino, JJ.

(dissenting). We respectfully dissent. In our view, plaintiff failed to provide timely notice of an occurrence to Aspen Insurance UK Limited, c/o Aspen Specialty Insurance Management Company (defendant) and, as a result of that failure, plaintiff is not entitled to coverage as an additional insured under the policy issued by defendant to the subcontractor, defendant Hub-Langie Paving, Inc. (Hub-Langie). We would therefore modify the judgment by denying that part of defendant’s motion seeking to dismiss the declaratory judgment cause of action, reinstating that cause…