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April 28, 2008
Insured’s Late Notice Resulted in Forfeiture of Coverage, Court Rules

Halloran & Sage’s Insurance Law Practice Group recently tried and won an insurance coverage dispute in the case of Cornish Contracting v. Travelers Indemnity Company of America, 2008 Conn. Super. LEXIS 840 (Apr. 2, 2008).  In Cornish Contracting, the plaintiff gave late notice of a claim for wind and water damage to a commercial property in New London, Connecticut.  The plaintiff sought to recover for the cost of replacing the building’s damaged roof and repairing the building’s interior, and also demanded recovery for lost rents on the property.  The case was tried to the court. Halloran & Sage defended the case primarily through the presentation of the testimony of two insurance company adjusters as well as an expert witness on the issue of roofing damage and repair.  These witnesses testified that the carrier’s ability to investigate and adjust the claim had been prejudiced by the late notice.  After post-trial briefing, the court found in favor of the carrier, holding that the plaintiff’s failure to give timely notice constituted a breach of the policy’s notice condition and a forfeiture of coverage.