Granted summary judgment by the West Virginia Supreme Court in a wrongful death and coverage case. The insured were county commissioners. Tim represented the insurance carrier. The county reported the matter to the insurance company nine years after the accident occurred. The trial court denied Tim’s motion for summary judgment and granted the motion for summary judgment of the plaintiff, ruling that the insurance company had a duty to defend and indemnify the county. Tim appealed. In a 5-0 decision (and without oral argument), the West Virginia Supreme Court reversed the lower court rulings and granted Tim’s client summary judgment, finding “the satisfaction of the notice provision in the insurance policy is a condition precedent to coverage….” Since the policy required immediate notice and the county did not do so or provide an explanation, the West Virginia Supreme Court found the Circuit Court committed error in granting the plaintiff’s summary judgment. It reversed the Circuit Court hold and remanded with an order to grant the insurance carrier summary judgment. The demand was $1 million. |