Oberlin and now Harvard lose suits brought against their insurers. Yay, insurance companies!

[TN Lion]

As top heavy with administration is Harvard, they forget to timely file their claim in coverage for $15 million that was spent defending discrimination. These administrators (probably Harvard graduates) must be playing video games all day long rather than doing their job.

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."

legalinsurrection.com

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….

 

[Aardvark86]

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