Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

First Circuit Strictly Enforces Claims Made and Reported Policy Terms and Finds Actual Notice of Claim Insufficient to Excuse Failure to Comply With Notice Requirements

By Jeffrey Ward on September 21, 2023
Email this postTweet this postLike this postShare this post on LinkedIn

The First Circuit has held, under Massachusetts law, that an insurer’s actual knowledge of a claim does not excuse the insured from reporting the claim to the insurer as required by the policy. President and Fellows of Harvard College v. Zurich Am. Ins. Co., 77 F.4th 33 (1st Cir. 2023). In so holding, the court followed a “well-beaten path” in Massachusetts recognizing that notice provisions in claims-made policies must be strictly enforced regardless of whether the insurer is prejudiced by the insured’s failure to comply with the policy’s notice requirements.

Harvard College, the insured, gave its primary insurer notice of the subject claim during the policy period, but did not notify its excess insurer, Zurich, until the policy period was long expired. Zurich denied coverage. Harvard did not dispute that it failed to provide Zurich with timely notice, but argued the excess policy should provide coverage if Zurich had actual notice of the claim during the policy period. The court disagreed, calling the argument “little more than gaslighting,” because arguing that actual notice should be sufficient is “simply another way of arguing that Zurich was not prejudiced by the lack of timely written notice.” 

Photo of Jeffrey Ward Jeffrey Ward

Jeff Ward’s practice focuses on counseling and litigation related to D&O and professional liability insurance. With more than two decades as outside coverage counsel, he helps clients resolve claims involving attorneys, accountants, investment advisors, and executives in various industries.

Read more about Jeffrey WardEmail
  • Posted in:
    Insurance
  • Blog:
    Insurance Coverage Notes and Developments
  • Organization:
    Dykema
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo