Document Type


Publication Date



Plaintiffs-appellants appeal from a summary judgment entered in the United States District Court for the Southern District of New York (Casey, J.), dismissing their declaratory judgment action against defendant-appellee TIG Insurance Company ("TIG") to establish excess insurance coverage, the District Court having found as a matter of law that the notice of claim provided to TIG was not timely. According to the undisputed facts presented to the District Court: (1) Plaintiffs provided TIG with notice of the claim giving rise to excess coverage approximately one month after the underlying tort action was filed but approximately three years after the arson giving rise to that tort action occurred; 284*284 and (2) Plaintiffs provided a claim notice to the "producer" of the TIG policy three days after the fire was set. Because we conclude that there are material issues of fact concerning whether the producer of the TIG policy was TIG's agent for the purpose of accepting notices of claims from TIG's insureds, we vacate the summary judgment and remand the case to the District Court for proceedings consistent with this opinion.


329 F.3d 282 (2003)

GREEN DOOR REALTY CORPORATION, Joan Sonnylal and Bysie Siew, Plaintiffs-Appellants,


TIG INSURANCE COMPANY, Defendant-Appellee.

Docket No. 02-7367.

United States Court of Appeals, Second Circuit.

Argued: November 8, 2002.

Decided: May 13, 2003.

New York Law School location: File #3133, Box #146