Raby

MEMORANDUM *

The Rabys stand in the shoes of Durham Medical Center and Dr. Chambers, for purposes of their Complaint against American International Specialty Lines Insurance Company.

Although there was a genuine issue of fact regarding notice of the claim to Health Insurance Services, the issue of fact is not material. American International’s policy requires that notice be “given in writing to Michael Mitrovic, Esq.,” with his address. The policy defines the word “us” to mean American International Specialty Lines Insurance Company 1 so that there can be no question that “us” meant American International, not Health Insurance Services. This language made it clear that although notice to the insurance agent was necessary, it was not sufficient. There is no genuine issue of fact about whether Durham and Chambers gave the required notice to of the claim to American International within the period allowed by this “claims-made” policy.

The deposition testimony did not establish a genuine issue of fact as to whether American International had clothed Health Insurance Services with actual or ostensible authority as an agent for notice of claims. That Health Insurance Services had…