Insureds’ Untimely Notice Absolves Insurer’s Duty To Pay For Defects, Judge Says
(September 28, 2016, 10:50 AM EDT) -- MOBILE, Ala. — An insurer has no duty to pay a state court default judgment against insureds because the insureds failed to provide timely notice of the underlying defective construction lawsuit, an Alabama federal judge ruled Sept. 26 (Landmark American Insurance Co. v. White-Spunner Construction Inc., et al., No. 16-00032, S.D. Ala.; 2016 U.S. Dist. LEXIS 131013).
(Order available. Document #69-161007-005R.)
In granting a default judgment to Landmark American Insurance Co., U.S. Judge Kristi K. DuBose of the Southern District of Alabama found that the insurer...