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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48596

Judge Baer

A DECLARATORY judgment action involved a reinsurance coverage dispute between the reinsurer, the insurer, and the reinsurance broker, stemming from alleged late “notice” to the reinsurer of claims under several reinsurance certificates involving two insureds. Defendant insurer moved for summary judgment against plaintiff reinsurer on the issue of whether the insurer violated the Definitive Statement of Loss (DSOL) provisions of one of the certificates. The insurer asserted that it fully complied with the DSOL provision contained within the certificates, by supplying the reinsurer with all information necessary for it to post proper reserves and determine the propensities of any loss reported. The court granted the motion, ruling that to conclude that the insurer violated the DSOL provisions in the certificates would invalidate months of responsiveness. The court noted that the insurer’s responses to the reinsurer’s inquiries were always prompt, and were never indicative of evasion.

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