192594P.pdf   12/28/2020  Pine Bluff School District  v.  Ace American Insurance Company
   U.S. Court of Appeals Case No:  19-2594
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [PUBLISHED] [Chief Judge Smith, Author, with Benton and Kobes, Circuit 
   Judges] 
   Civil Case - Diversity. In this declaratory judgment action, the Pine 
   Bluff School District sought insurance coverage from ACE American 
   Insurance Company for a teacher's retaliatory discharge lawsuit, or a 
   declaration ACE waived all defenses or was estopped from claiming 
   coverage. Under two policies, coverage is conditioned on timely notice, 
   and because notice of the underlying lawsuit was given after the 
   expiration of one policy and before the policy period of the second 
   policy, coverage was denied. The district court's grant of summary 
   judgment to ACE is affirmed, as both policies are claims made and reported 
   policies, and both the EEOC charge and lawsuit in the underlying case are 
   considered one claim under the single claim provision. The single claim 
   provision unambiguously applies. Under Arkansas law, the doctrine of 
   waiver or estoppel cannot be given the effect of extending coverage and 
   thus are inapplicable.