OCM Partner David Mack Quoted on Cover of Massachusetts Lawyer Weekly

OCM partner David Mack was quoted on the cover of Massachusetts Lawyer’s Weekly concerning a federal court decision holding that Zurich Insurance did not have an obligation to provide coverage to Harvard University in defense of claims challenging Harvard’s race-conscious affirmative-action admissions policy.  Even though Zurich had actual knowledge of the lawsuit, in part due to press coverage, Judge Allison D. Burroughs held against Harvard because Harvard did not provide direct notice to Zurich within the time required by the plain language of the policy.

 “Even if you think the insurer has notice through other means,” David said, “you simply cannot get coverage under these kinds of policies, as opposed to occurrence-based policies, unless you as the insured provide written notice to the insurer within the required period, which is typically 90 days after the policy expires… It should have been clear to Harvard that notice to the primary insurer was not enough.”

For more of David’s thoughts and a link to the decision, click here.