Oregon Schools Activities Ass'n v. National Union Fire Insurance

MEMORANDUM *

Oregon Schools Activities Association (OSAA) appeals the district court’s order granting summary judgment in favor of National Union Fire Insurance Company of Pittsburgh (National Union) on OSAA’s *495 claim that National Union wrongfully denied coverage under two insurance policies covering certain claims against OSAA. The insurance policies were claims-made-and-reported policies, providing coverage only for claims filed against OSAA and reported to National Union during the policy period. OSAA admits that it did not provide National Union timely notice of the claim filed against it, but argues that it is still entitled to coverage because National Union failed to show that it was prejudiced by the lack of timely notice, or, in the alternative, because National Union waived the untimely notice defense. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

We review a grant of summary judgment de novo. Burns v. Int’l Ins. Co., 929 F.2d 1422, 1424 (9th Cir.1991). Because federal jurisdiction in this case is predicated on diversity of citizenship, we must follow Oregon law. See id.

The notice-prejudice rule OSAA relies on provides that an insurer may not deny…