City Breached Policy’s Late Notice Provision, Indian Harbor Insurance Asserts

NEW YORK — Indian Harbor Insurance Co. seeks a ruling that it is not obligated to comply with a reinsurer’s demands that it defend, indemnify or settle claims brought against the City of San Diego alleging construction defects caused by the city’s sewer system.

In a declaratory judgment action filed in the New York County Supreme Court, Indian Harbor asserts the city failed to comply with the policy’s notice provision by providing late notice of the claims and that such compliance is a condition precedent.

Indian Harbor issued claims-made and reported pollution and remediation legal liability coverage to the California …