Aetna Casualty and Surety Co. v. Murphy
Supreme Court of Connecticut
538 A.2d 219 (1988)
Relevant factsFree
Murphy (plaintiff), a dentist, damaged a leased building while dismantling his office; Aetna, the building's insurer, sued him in 1983, but Murphy didn't tell his own liability insurer, Chubb (defendant), about the claim until 1986, well after his policy required notice "as soon as practicable." Chubb moved for summary judgment, arguing Murphy forfeited coverage by breaching the notice provision. The trial court granted Chubb's motion.
IssueFree
Whether an insured who delays reporting a claim in violation of a policy's notice provision may still recover coverage by showing the delay did not prejudice the insurer.