This case arises out of the issuance of umbrella liability insurance policies by the defendant to the plaintiff in 1996, 1997, 1998 and 1999. The policies provided excess insurance coverage above the underlying medical malpractice coverage that plaintiff obtained through other sources.

In June 1998, plaintiff was sued by Ellen Thurston. Plaintiff sent notice of the action to defendant in July of 1999. In September 1999, a declination of coverage was issued by the defendant based on the revised terms and conditions contained in the 1998 renewal policy. Plaintiff brought suit involving the defendant’s actions in the renewal of the policies and its declination of coverage with respect to the Thurston claim. Plaintiff contends that the never provided any notice of the substantial and material revisions that it unilaterally made to plaintiff’s 1998 and 1999 policies. In fact, plaintiff alleges that the defendant never even provided a copy of the changed excess umbrella renewal policy to plaintiff until long after the inception date of the 1998 renewal policy. Consequently, plaintiff claims to be entitled to the same insurance coverage provided to it under its 1996 and 1997 policies.