Loblaw, Inc. v. Employers' Liability Assurance Corp., Ltd.

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that Loblaw, Inc. failed to give timely notice under its excess insurance policy when it waited five years after learning the claim might exceed the $25,000 retention. The Court reasoned that the policy imposes an ongoing notice obligation whenever a claim could involve the insurer's coverage. Judge Fuchsberg, J., filed a concurring opinion emphasizing the need for clear construction of insurance contracts.