Harvard University’s insurance broker, Marsh USA, has vehemently denied fault in the ongoing legal battle over Zurich American Insurance Co.’s refusal to cover litigation expenses related to the landmark Students for Fair Admissions (SFFA) case. The insurance broker claims Harvard’s tardiness in notifying Zurich is to blame for the coverage denial, adding a new layer of complexity to the already contentious lawsuit.
Insurance Broker In Harvard Admissions Tiff: Harvard’s Late Complaint
In a bold move, Marsh USA filed a compelling argument on Friday, urging U.S. District Judge Allison D. Burroughs to dismiss Harvard’s breach of contract suit. The suit accuses Marsh of negligence, asserting that the insurance broker’s failure to timely inform Zurich about the SFFA case resulted in the denial of coverage. However, Marsh contends that Harvard’s complaint against them was itself filed more than a year after the expiration of the six-year statute of limitations on contract breach claims.
A Calculated Defense
Marsh, applying what they call “basic math” to the allegations, argued that the clock started ticking on the breach of agreement claim on January 30, 2016. This date is 90 days after the end of Zurich’s policy period when Harvard was obligated to notify Zurich about the SFFA suit. Harvard, according to Marsh, failed to notify Zurich until the spring of 2017. New York law, applicable to the dispute, dictates that the clock begins at the time of the breach, not when the plaintiff discovers the injury.
