Insurers Were Prejudiced By Developer’s Untimely Notice, 4th Circuit Affirms

Mealey's (February 24, 2016, 11:56 AM EST) -- RICHMOND, Va. — A real estate developer’s untimely notice of a claim over alleged defective soil settlement issues prejudiced its commercial general liability insurers, the Fourth Circuit U.S. Court of Appeals held Feb. 23, upholding summary judgment to the insurers (St. Paul Mercury Insurance Co. and National Surety Corp. v. THF Clarksburg Development Two, LLC, et al., No. 15-1453, 4th Cir.).

(Unpublished opinion available. Document #69-160304-020Z.)

On Jan. 30, 2002, THF Clarksburg Development Two LLC entered into a ground lease and a separate site development agreement...
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