Bobwhite Rentals, LLC v. National Liability & Fire Insurance Co.

Court: SD Tx  02/12/2019  Magistrate Judge Recommends that Lawsuit be Dismissed with Prejudice because Insured Provided Notice a Year after Fire and Settlement with Third Party

Court found that the insured's notice of the fire to its insurance broker was not proper notice to the insurer and, moreover, the insured's conduct in waiting to notify the insurer itself until a year after the fire and a year after settling with a third party constituted prejudice as to the insurer.

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opportunity to investigateagent of insurerlate noticeprejudicebrokerassumption of liabilitybusiness automobile coverage

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