AMERICAN EMP. INS. v. METRO REG. TRANSIT AUTH.

No. 92-4151.

12 F.3d 591 (1993)

AMERICAN EMPLOYERS INSURANCE COMPANY, Plaintiff-Appellant, v. METRO REGIONAL TRANSIT AUTHORITY, Defendant Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 21, 1993.

Rehearing Denied January 25, 1994.


Attorney(s) appearing for the Case

Jack F. Fuchs (argued & briefed), Kevin J. Breen, Thompson, Hine & Flory, Cincinnati, OH, for plaintiff-appellant.

Ronald B. Lee (briefed), Melissa S. Ulrich (argued), Roetzel & Andress, Canton, OH, for defendant-appellee.

Before: GUY and NELSON, Circuit Judges; and WELLFORD, Senior Circuit Judge.


DAVID A. NELSON, Circuit Judge.

This is a declaratory judgment action brought to determine whether the plaintiff, an insurance company, had a contractual duty to defend its insured in a wrongful death case. The latter case arose out of an accident notice of which was withheld from the insurance carrier for almost two years. The accident occurred in November of 1989; the insured chose not to notify the carrier until November of 1991.

One of the conditions of...

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