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BRITISH INS. CO. OF CAYMAN v. SAFETY NAT. CAS.

No. 01-3632.

335 F.3d 205 (2003)

BRITISH INSURANCE COMPANY OF CAYMAN, Appellant v. SAFETY NATIONAL CASUALTY.

United States Court of Appeals, Third Circuit.

Filed: July 3, 2003.

Attorney(s) appearing for the Case

Shawn L. Kelly, (Argued), Thomas J. Perry, Caroline Brizzolara, Riker, Danzig, Scherer, Hyland & Peretti, LLP, Morristown, for Appellant.

John C. Sullivan, (Argued), Barbara S. Magen, Post & Schell, P.C., Vorhees, for Appellee.

Before: McKEE, WEIS and DUHE, Circuit Judges.

OPINION OF THE COURT

McKEE, Circuit Judge.

British Insurance Company of Cayman appeals the district court's grant of summary judgment to Safety National Casualty Corporation in this reinsurance dispute between the two insurance companies. The dispositive issue is whether, under New Jersey law, a reinsurer must show prejudice in order to prevail on a late notice defense asserted against its reinsured. This issue has yet to be considered by the New Jersey...

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