Summary Judgment – Carrier Has No Duty to Defend Where Insured Failed to Timely Notify Carrier of Claim or Suit

Attorney Joseph Postel recently won summary judgment for Acuity after the court declared that Acuity had no duty to defend the insured tire shop and its officers in a personal injury suit.  A customer of the shop alleged that he was bitten by a dog while at the business.  Acuity filed a complaint for declaratory judgment, arguing that the tire shop and its officers had violated the notice provisions of its policy by waiting over a year after the dog bite, and over nine months after suit had been filed, to notify Acuity of the claim.  The court held that the insureds failed to comply with the prompt notice requirements of their policy, which voided their coverage.  Acuity v. Chicago Tire & Service, Inc., et al.