RECENT FEDERAL DECISIONS

November 2003

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Second Circuit Reverses Dismissal Of Environmental Claims Against Excess Insurers For Late Notice
Olin Corporation v. American Re-Insurance Company

Concluding that the time within which notice must be given to excess insurers differs from when notice must be given to primary insurers, the Second Circuit Court of Appeals has reversed a judgment on behalf of excess insurers and remanded for a determination of when the policyholder should have reasonably concluded that a covered occurrence was likely to involve excess insurance policies.