Evanston Insurance Co. v. Rodriguez Engineering Laboratories
A magistrate for the Western District of Texas granted an excess insurer's motion for summary judgment, finding that under the plain terms of primary professional liability policy to which the excess policy followed form, that the insured failed to provide timely notice of claim and that prior knowledge exclusion barred coverage in subsequent policy.
excess policy, professional liability policy, prior knowledge exclusion, reporting requirements, fortuity doctrine, agency relationship, constructive notice, followed form
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