JUDICIAL DEVELOPMENTS

August 2002

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Tenth Circuit Reverses Jury Verdict Awarding Insurance Coverage to Colorado Sewage Treatment Entity, though Notice Was Untimely
Metro Wastewater Reclamation District v. Fireman’s Fund Insurance Company,

The Tenth Circuit Court of Appeals recently reversed a jury verdict granting coverage to an insured even though insured failed to give timely notice of the claim to insurer. The court held that the "reasonable belief in nonliability" exception did not apply to notice provisions regarding claims, demands, or suits.