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August 26, 2008
National Publishing v. Hartford Fire Insurance Co., 287 Conn. 664, 949 A.2d 1203 (2008)

Halloran & Sage's Insurance Coverage Group recently obtained a major success in the case of National Publishing v. Hartford Fire Insurance Co., 287 Conn. 664, 949 A.2d 1203 (2008). The plaintiff-insured brought suit claiming that the carrier had breached the insurance contract and acted in bad faith in failing to pay a seven-figure business interruption claim. Representing the carrier, Halloran & Sage was able to get the plaintiff's bad faith claims dismissed, but the insured at trial won a seven-figure verdict. On appeal, Halloran & Sage, claimed that the trial court had erred in failing to charge the jury on the carrier's affirmative defense of late notice, because the plaintiff had taken many months to give notice, yet had allegedly incurred substantial loss and damage prior to notifying the carrier. The Connecticut Supreme Court agreed, holding that there was evidence in the record which supported the late notice defense, and thus ordered the case reversed, remanding it for a new trial.