Court Denies Insurance Company’s Motion in Stadium Case

May 11, 2007

In a recent decision, the United States District Court for the Northern District of California excused the insured’s non-compliance with a notice provision contained in a “claims-made-and-reported” insurance policy on equitable grounds, calling into question whether an insurer can obtain summary judgment even where the court finds that there has been a breach of a policy condition.   Oakland-Alameda County Coliseum, Inc. (OACC) commenced an action for breach of contract, breach of the
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