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PITTA v. CHUBB GROUP OF INS. COS.

191 A.D.2d 347 (1993)

595 N.Y.S.2d 405

Vito J. Pitta et al., Appellants, v. Chubb Group of Insurance Companies et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 23, 1993

The IAS Court properly dismissed plaintiffs' complaint due to their failure to comply with the notice requirement contained in their policy of insurance which provided coverage against claims for breach of fiduciary duty with respect to certain funds governed by ERISA. A reading of the entire contract makes clear that written notice of facts or circumstances which may give rise subsequently to a claim of breach of fiduciary duty of which the insured becomes aware during the...

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