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UNIGARD SEC. INS. CO., INC. v. NORTH RIVER INS. CO.

No. 197, Docket 91-7534.

4 F.3d 1049 (1993)

UNIGARD SECURITY INSURANCE COMPANY, INC., successor to Unigard Mutual Insurance Company, Inc., Plaintiff-Appellant, v. NORTH RIVER INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 9, 1993.

Attorney(s) appearing for the Case

Eugene Wollan, New York City (Michael H. Goldstein, Robert A. Stern, Mound, Cotton & Wollan, New York City, of counsel), for plaintiff-appellant.

Dennis G. Jacobs, New York City (Andrew S. Amer, Mary Beth Forshaw, Simpson, Thacher & Bartlett, New York City, of counsel), for defendant-appellee.

Before: WINTER and ALTIMARI, Circuit Judges, and POLLACK, Senior District Judge.

WINTER, Circuit Judge:

Unigard Security Insurance Company, Inc., appeals from Judge Sweet's decision after a bench trial rejecting its late loss notice defense under a facultative reinsurance certificate with North River Insurance Company.1 See Unigard Sec. Ins. Co. v. North River Ins. Co., 762 F.Supp. 566 (S.D.N.Y.1991).

Judge Sweet held that, although North River's notice under the...

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