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American Ctr. for Int'l Labor Solidarity v. Federal Ins. Co., No. 04-01523 (CKK) (D.D.C. Oct. 15, 2007)

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 Untimely Notice Causes Employer to Lose Insurance Coverage for Employment Claim.

Jackson Lewis LLP - November 01, 2007
An employer cannot recover from its insurance company the costs of defense and settlement related to an employment discrimination claim where the employer failed to timely notify the insurance company of the claim, a federal court in Washington, D.C., has ruled. American Ctr. for Int'l Labor Solidarity v. Federal Ins. Co., No. 04-01523 (CKK) (D.D.C. Oct. 15, 2007). Granting the insurance company's motion for summary judgment and denying the employer's similar motion, the court ruled that a charge before the U.S. Equal Employment Opportunity Commission constituted a "formal" administrative proceeding requiring notice under the insurance policy.
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