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LEXINGTON INS. v. WESTERN PENNSYLVANIA HOSP

No. 04-1642.

423 F.3d 318 (2005)

LEXINGTON INSURANCE COMPANY v. WESTERN PENNSYLVANIA HOSPITAL; Elizabeth Lieb; Harry Lieb, h/w, Parents, and Natural Guardians of Kathryn Lieb, a Minor Western Pennsylvania Hospital, Appellant.

United States Court of Appeals, Third Circuit.

Filed September 9, 2005.

Attorney(s) appearing for the Case

Thomas E. Birsic (Argued), Charles E. McChesney II, Kirkpatrick & Lockhart LLP, Pittsburgh, PA, for Appellant.

Edward B. Wood, Wood Group, P.C., Pittsburgh, PA, for Appellant.

Stephen A. Cozen (Argued), Deborah M. Minkoff, Nancy Stuart Portney, Cozen O'Connor, Philadelphia, PA, for Appellee.

Before FUENTES, VAN ANTWERPEN, and BECKER, Circuit Judges.

BECKER, Circuit Judge.

Lexington Insurance Company ("Lexington") sought a declaratory judgment in the District Court that it is not liable for payment of a medical malpractice claim against its insured, Western Pennsylvania Hospital ("West Penn"), because West Penn notified Lexington of the claim more than a year and a half after the policy period ended. The District Court found for Lexington, determining that the claim was governed by Lexington's excess coverage...

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