Move to force coverage from excess insurer goes nowhere

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted September 23, 2019 3:47 PM

The 7th U.S. Circuit Court of Appeals recently held that late notice to an excess insurer relieved the insurer of any obligation to indemnify the insured.The insurer in Landmark American Insurance Co. v. Deerfield Construction Inc., 2019 U.S. App. Lexis 23962 (7th Cir. Aug. 12, 2019), was represented by Traub Lieberman Straus & Shrewsberry. Momkus LLC in Lisle represented the insured, Deerfield. Walker Wilcox Matousek LLP represented Deerfield’s broker, Arthur J. Gallagher Risk Management Services Inc., a third …

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