 Vanguard Parties and Posture
 PARTIES / SUITS  Vanguard Republic Del Ware Palacious ISD CNA Coregis La Vernia Agency Pruski Factual Background Summary J
Factual Background
Pruski La Vernia Agency Coregis CNA Palacious ISD Del Ware Republic Vanguard Comp Gen Liab Policy  Palacious ISD Prof. Liab. Policy Umbrella  Timely Notice  Not given  Given 1998 Contract Demand Oct 2000 Hired outside counsel Atty  Not given Acquired Policy Notice  Notice untimely and of wrong suit (dismissed) Only written notice was of this suit which had been dismissed. Dec Action Suit #1 C/Claim Suit #2 Del Ware Vanguard Parties and Posture Summary J Pruski MSJ Lack of notice (late). In fact forwarded the only papers received. Oral notification, even if made, not sufficient. Collateral Estoppel. La Vernia Agency Pruski not agent of Vanguard or Republic for purpose of notice to them. Timely notice not given Vanguard or Republic. Republic no duty to defend. Excess limits not invoked. If Vanguard/Republic determined on appeal to have a duty to defend or indemnify, and if CNA finally Alternative method of notice. "how we can help you" provision to contact broker. Ware states oral notice to Pruski shortly after 5/29/2001. Construe policy against insurer. Alternate directive appears at end of policy, in bold. No indication of writing. Gives phone numbers.  Q of fact Oral sufficient? Ware says oral notice Written notice wrong suit
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