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LUMBERMENS MUT. CAS. v. RGIS INVENTORY SPECIALISTS

Docket No. 09-0753-cv.

628 F.3d 46 (2010)

LUMBERMENS MUTUAL CASUALTY COMPANY, Plaintiff-Counter-Defendant-Counter-Claimant-Appellant, v. RGIS INVENTORY SPECIALISTS, LLC and Robert M. Birardi, Defendants-Counter-Claimants-Appellees, Camrac Inc., doing business as Enterprise Rent-A-Car, Defendant-Counter-Claimant-Counter-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 9, 2010.

Attorney(s) appearing for the Case

Thorn Rosenthal , Cahill Gordon & Reindel LLP, New York, N.Y., for Appellant.

Sanford N. Berland , Dickstein Shapiro LLP, New York, N.Y., for Appellees RGIS and Birardi.

Peter M. Khrinenko , Brand Glick & Brand, P.C., Garden City, N.Y., for Appellee Camrac.

Judge KEARSE dissents in a separate opinion.

PER CURIAM:

This appeal calls upon us to address the meaning and scope (under Michigan law) of a notice provision contained in an excess liability insurance policy issued by plaintiff-appellant Lumbermens Mutual Casualty Company ("Lumbermens"), to its insureds, defendants-appellees RGIS Inventory Specialists, LLC ("RGIS"), Robert M. Birardi ("Birardi"), and Camrac Inc. ("Camrac"). We hold that, under the specific circumstances of this case, defendants provided timely...

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