Ivy-league university loses 2nd time in same case!

By Bob Unruh

Harvard University
Harvard University

Harvard, spectacularly, has lost a second time in the same court case.

And this time it’s costing the school $15 million, or thereabouts.

The issue is the school’s recent loss in the Students For Fair Admissions case in which the Supreme Court struck down that school’s, and other schools’, race-based admissions ideology.

Now a report at Legal Insurrection reveals the 1s Circuit Court of Appeals has rejected a $15 million claim by Harvard against an insurance company for the legal fees it spent in fighting for the racist programs.

Get the hottest, most important news stories on the Internet – delivered FREE to your inbox as soon as they break! Take just 30 seconds and sign up for WND’s Email News Alerts!

The court said, in the school’s fight against Zurich American Insurance, “With $15,000,000 in coverage at stake, this case requires us to apply Massachusetts law to determine the effect of a failure to give notice as specified in an excess insurance policy affording coverage on a ‘claims made and reported’ basis. Where, as here, a federal court sits in diversity jurisdiction, tasked with following state law, it is not free to innovate but, rather, must apply state substantive rules of decision as those rules have been articulated by the state’s highest tribunal….”

It continued to explain that the Massachusetts Supreme Judicial Court has spoken “directly to the critical issue,” so the appeals court must hold “that the failure to give notice according to the policy’s terms and conditions forfeits any right to coverage.”

WND is now on Trump’s Truth Social! Follow us @WNDNews

The students’ lawsuit charged the school with violating Title VI of the Civil Rights Act of 1964, and it took nearly a decade for the 2014 complaint to reach its conclusion at the high court.

Harvard did notify AIG of the pending action, and secured coverage under a primary policy.

But it “neglected” to notify Zurich of the suit until May 23, 2017, which, according to the report, was “well outside the excess policy’s ninety-day notification window.”

The result was that Zurich denied coverage under the excess policy, and the court has affirmed that decision.

The report explained, “The parties do not dispute that Harvard purchased a claims-made policy from Zurich. Nor do they dispute that Harvard failed to provide Zurich with written notice until May of 2017 — long after the deadline stipulated in the policy had passed. Consequently, Zurich had every right to deny coverage based on a lack of timely notice.”

But the court went even further, charging that Harvard’s arguments weren’t really legitimate.

The court said, “In Harvard’s view, the SJC’s holding in Chas. T. Main does not apply to circumstances in which an insurer has actual notice of a claim and can use that information to set its rates, notwithstanding the insured’s failure to comply with the policy’s notice requirement. But this is little more than gaslighting. Arguing that the policy’s notice requirement should not be enforced because Zurich may have had actual notice of the claim is simply another way of arguing that Zurich was not prejudiced by the lack of timely written notice. To honor such an argument would impermissibly collapse the critical distinction that the SJC has made between occurrence-based and claims-made policies.”

IMPORTANT NOTE TO WND READERS: Today’s ruling elites champion policies every previous generation of Americans would have regarded as outright evil. At the top of that list would be the supremely radioactive issue – illuminated by the hit summer film “Sound of Freedom” – of the widespread trafficking and sexual slavery of children, as well as the shocking prevalence of pedophiles in the United States of America. Indeed, the U.S. is the largest market for child sexual abuse in the world.

According to Tim Ballard, who has led many missions rescuing sex-trafficked children around the world, the Biden administration actually ENABLES AND PROMOTES the trafficking and sexual slavery of children with its horrendous border policies, its push for early sexualization of children, championing children’s “right to consent” on everything including mutilating transgender surgeries, and so on.

“Pedophiles are sitting back right now,” says Ballard, “and going, ‘We’ve been pushing this agenda for decades, and now we don’t have to push any more, because the left is taking care of it for us’ – IN AMERICA!”

Ballard’s concerns are confirmed by Tara Lee Rodas, a Health and Human Services whistleblower who recently testified before Congress that under Joe Biden, “THE U.S. GOVERNMENT HAS BECOME THE MIDDLEMAN IN A LARGE-SCALE, MULTI-BILLION-DOLLAR CHILD TRAFFICKING OPERATION.”

But that’s just the beginning. The whole, secret criminal mega-enterprise of child sex trafficking and the global elites’ affinity for pedophilia is exposed as never before in the August issue of WND’s critically acclaimed monthly Whistleblower magazine, in a groundbreaking issue titled “THE NEW AMERICAN SLAVE TRADE: How the Biden regime enables and promotes child sex trafficking in the U.S.A.” WHISTLEBLOWER is available in both the popular print edition and a state-of-the-art digital version, either single issues or discounted annual subscriptions.

For 25 years, WND has boldly brought you the news that really matters. If you appreciate our Christian journalists and their uniquely truthful reporting and analysis, please help us by becoming a WND Insider!

Content created by the WND News Center is available for re-publication without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact [email protected].

SUPPORT TRUTHFUL JOURNALISM. MAKE A DONATION TO THE NONPROFIT WND NEWS CENTER. THANK YOU!

Leave a Comment