Sisters of Divine Providence v. Interstate Fire & Casualty Co.

PRESIDING JUSTICE HARRISON

delivered the opinion of the court:

Defendant, Interstate Fire & Casualty Company (Interstate), appeals from a grant of summary judgment in favor of plaintiffs, The Sisters of Divine Providence, d/b/a St. Elizabeth Medical Center (St. Elizabeth’s). The question presented for review is whether St. Elizabeth’s complied with a condition precedent contained in its excess malpractice insurance policy which required it to notify Interstate of an underlying lawsuit as soon as practicable, or within a reasonable time. For the following reasons, we reverse the decision of the…