Superior Court Interprets ‘Prompt Notice’

The Complex Commercial Litigation Division of the Superior Court routinely presides over actions involving insurance coverage and contractual indemnification clauses. In Avaya, Inc. v. Charter Communications Holding Co., Inc., et al., the Court was asked to interpret the notice provision within an indemnification clause. The relevant language in the contract is as follows:

Avaya will defend or settle, at its own expense, any claim or suit against you alleging that any Avaya Products purchased under this Agreement infringe any United States patent or copyright or trade secret. Avaya will also pay all damages and costs that may be assessed against you due to such infringement as such damages and costs are incurred. Avaya's obligation is expressly conditioned upon the following: (1) you shall promptly notify Avaya in writing of such claim or suit ....