Extract to table

QC&S is required to submit bordereau to Pinnacle Atlantic, through Broadreach, within sixty (60) days following the close of each calendar quarter

Article 7, Section 3 specifies that all notices required under Article 7 shall be transmitted through the intermediary designated in Article 9 — here, Broadreach Intermediaries Inc

— and that delivery of a notice to the intermediary shall be deemed delivery to the reinsurer for purposes of the Treaty's notice provisions

Where a notice provision is construed as a covenant, the reinsurer's remedy for a breach of the notice obligation is limited to a claim for damages — specifically, the reinsurer must demonstrate that it suffered actual prejudice as a result of the cedent's delay in providing notice

However, the reinsurer must demonstrate that such investigation would have been undertaken and that the delay, rather than other factors, caused the loss of the investigative opportunity

There must be a demonstrated causal connection between the specific delay at issue and a concrete harm suffered by the reinsurer