KVK-Tech, Inc. v. Navigators Specialty Insurance Company

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-10245
____________________
KVK-TECH, INC.,
Plaintiff-Counter
Defendant-Appellant,
versus
NAVIGATORS SPECIALTY INSURANCE
COMPANY,
Defendant-Counter
Claimant-Appellee.
____________________
Appeal from the United States District Court
for the Southern District of Alabama
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2 Opinion of the Court 22-10245
D.C. Docket No. 1:21-cv-00286-KD-C
____________________
Before WILLIAM PRYOR , Chief Judge, ABUDU, and E D CARNES, Cir-
cuit Judges.
PER CURIAM:
Following our careful review of the record, the parties’
briefs, and with the benefit of oral argument, we affirm the judg-
ment of the district court.
The language of the insurance policies in this case required
KVK-Tech, Inc. (“KVK-Tech”), an opioid manufacturer, to provide
notice to Navigators Specialty Insurance Company (“Navigators”),
an excess insurance carrier, when a covered claim was “first made”
against it during the policy period or “as soon as practicable.” It is
undisputed that KVK-Tech had notice of the first-made opioid law-
suit against it on or before August 31, 2017—while the 2017-18
Navigators policy was in effect. As the district court correctly
found, KVK-Tech had thirty days from the expiration of the 2017-
18 Navigators policy, i.e., until September 20, 2018, to provide no-
tice of that claim against it to Navigators. It is also undisputed that
KVK-Tech notified other excess carriers of other opioid lawsuits
that were pending against it on June 25, 2019. Yet KVK-Tech failed
to notify Navigators of any of the opioid lawsuits against it until
January 27, 2020—despite having notice nearly three years earlier
and notifying other excess carriers of the opioid lawsuits against it
on June 25, 2019. In sum, KVK-Tech failed to provide timely notice
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22-10245 Opinion of the Court 3
to Navigators. Therefore, we AFFIRM the judgment of the district
court.
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