Hospital: Prejudice Rule Should Be Applied To Policy’s Breach Of Notice Condition

(October 6, 2015, 2:08 PM EDT) -- CINCINNATI — A hospital insured argues to the Sixth Circuit U.S. Court of Appeals that a lower federal court erred in predicting that the Kentucky Supreme Court would not apply the state’s prejudice rule to the breach of a notice condition in an excess insurance policy, seeking to reverse a ruling in favor of the excess insurer in a coverage dispute stemming from an underlying federal investigation involving Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulations (Ashland Hospital Corp., d/b/a King’s Daughters Medical v. RLI Insurance Co., No. 15-5377, 6th Cir.)....