Seven years late notice to excess insurer bars coverage

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Fisher LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted August 30, 2019 2:40 PM

Today’s case looks at the issue of when notice of a suit and judgment to an excess insurer is too late, thus allowing the excess insurer to deny coverage.In its ruling, the 7th U.S. Circuit Court of Appeals detailed the five-factor test on late notice that the Illinois Supreme Court established in West American Insurance Co. v. Yorkville National Bank, 238 Ill.2d 177 (2010).In Landmark American Insurance Co. v. Deerfield Construction Inc., 2019 WL 3774127 (7th Cir. 2019), Landmark Insurance Co. insured Deerfield …

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