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The parties filed cross-motions for summary judgment.
In a June 12, 2018 decision and order Judge Marbley granted the insurers’ motion for summary judgment as to both sets of insureds, concluding the insurer had no duty to defend either set of insureds.
So if the claim is made during the policy period, there’s coverage, right? Under most claims made policies, the claim also has to be during the policy period or within a short period after the policy period ends.US HF’s policy requires that the insured be given written notice of any Claim as soon as practicable, but in no event later than (60) days after the end of the respective policy period.Judge Marbley noted that US HF had not provided notice during the policy period of the policy that was in force when the Alabama lawsuit was filed; rather, US HF provided notice eight months after the lawsuit was filed and four months after the expiration of the policy that was in force when the lawsuit was filed.Global Wideband was not initially named as a defendant in the Alabama lawsuit.However, on November 25, 2015, the plaintiffs in the Alabama lawsuit filed a second amended complaint that named an officer of Global Wideband as a defendant.