Stonewall Ins. Co. v. Farone, 129 Ga. App. 471, 474 ( 199 S.E.2d 852) (1973). See also Criterion Ins. Co. v. Horton, 140 Ga. App. 750, 751 ( 231 S.E.2d 814) (1976). If timely, the notice was sufficient. 4. The remaining issue before us in the appeal is whether, under the facts of this case, summary judgment was demanded in favor of the appellant-insurer because six months elapsed between the date of the collision and the date appellant was notified.
Starstone Nat'l Ins. Co. v. McCanick, No. 1:20-CV-713, 2021 WL 7541404, at *4 (N.D.Ga. Dec. 20, 2021) (quoting Criterion Ins. Co. v. Horton, 231 S.E.2d 814, 815 (Ga.Ct.App. 1976)). The Insureds point to Plantation Pipe Line Co. v. Stonewall Ins. Co., 335 Ga.App. 302, 307 (Ga.Ct.App. 2015), to argue that excess carriers are often given notice much later than primary carriers.
Starstone Nat'l Ins. Co. v. McCanick, No. 1:20-CV-713, 2021 WL 7541404, at *4 (N.D.Ga. Dec. 20, 2021) (quoting Criterion Ins. Co. v. Horton, 231 S.E.2d 814, 815 (Ga.Ct.App. 1976)).
It makes no difference who gives notice as long as timely and reasonable notice is given and the company has actual knowledge of a pending claim or suit. Stonewall Ins. Co. v. Farone, 129 Ga. App. 471, 472 ( 199 S.E.2d 852) (1973). See also State Farm Mut. Auto. Ins. Co. v. Sloan, 150 Ga. App. 464, 467 ( 258 S.E.2d 146) (1979); Criterion Ins. Co. v. Horton, 140 Ga. App. 750, 751 ( 231 S.E.2d 814) (1976). 2.
“The burden is on the insured to excuse [its] failure to perform any such unambiguous term of the contract,” including notice. Criterion Ins. Co. v. Horton, 140 Ga.App. 750, 751, 231 S.E.2d 814, 815 (1976) (quoting Godley v. N. River Ins. Co., 51 Ga.App. 242, 180 S.E. 385, 386 (1935)); see also Pub. Nat'l Ins. Co. v. Wheat, 100 Ga.App. 695, 702, 112 S.E.2d 194, 200 (1959) (“[T]he burden is on the [insured] to prove the giving of notice by the insured in compliance with the policy provisions.