Children’s Advantage Network v. National Union Fire Company of Pittsburgh, PA

Residential children's facility and its HR Vice-President were named in federal ADA discrimination suit after EEOC claim by former employee for retaliatory discharge. Claims-made-and-reported policy. Facility received EEOC charge during first policy period but did not report it to insurer until second policy period, when it sent copy of federal court complaint to insurer, which was sufficient for actual notice of claim. Insurer estopped from asserting late-notice defense because they failed to either defend under reservation of rights or file declaratory action. Genuine dispute as to coverage precluded Section 155 damages against insurer.