Legal Insurrection by William A. Jacobson 8/11/2023
Harvard Loses $15 Million Insurance Claim For Legal Fees In Famous Race Discrimination Case, Appeals Ct Calls Arguments “Gaslighting”
What is happening here? First it was Oberlin College, now Harvard, where I’m rooting for insurance companies. First Circuit Court of Appeals finds Harvard failed to comply with claims notice requirement of insurance policy, and its main argument was “little more than gaslighting.”Oh man, if this keeps up, I might stop hating insurance companies. The enemy of my enemy is my friend.
First, we find out insurance companies are refusing to reimburse Oberlin College for the $36 million it had to pay Gibson’s Bakery,Oberlin College Sues Insurers For Refusing To Cover $36 Million It Paid Gibson’s Bakery For Defamation And Other Torts (Update)
Now, the First Circuit just rejected a $15 million insurance claim by Harvard University against its insurance company for legal fees incurred in defending the Students For Fair Admissions case that ended up with a sweeping defeat for Harvard (and win for equality and equal protection) in the Supreme Court.
From the Opinion in Harvard University v. Zurich American Insurance Co.:
With $15,000,000 in coverage at stake, this case requires us to apply Massachusetts law to determine the effect of a failure to give notice as specified in an excess insurance policy affording coverage on a “claims made and reported” basis. Where, as here, a federal court sits in diversity jurisdiction, tasked with following state law, it is not free to innovate but, rather, must apply state substantive rules of decision as those rules have been articulated by the state’s highest tribunal….
In this instance, the Massachusetts Supreme Judicial Court (SJC) has spoken directly to the critical issue…. Staying within the borders of this well-beaten path, we hold that the failure to give notice according to the policy’s terms and conditions forfeits any right to coverage. Consequently, we affirm the district court’s entry of summary judgment in favor of the insurer….
More:
https://legalinsurrection.com/2023/08/harvard-loses-15-million-insurance-claim-for-legal-fees-in-famous-race-discrimination-case-appeals-calls-arguments-gaslighting/
