North East Ins. Co. v. Townsend

2 Citing cases

  1. Southern Guaranty Ins. Co. v. Miller

    183 Ga. App. 261 (Ga. Ct. App. 1987)   Cited 21 times
    Concluding that a 14–month delay in giving notice to the insurer was not unreasonable as a matter of law since the incident could be deemed as so trivial and inconsequential that the insured was not aware that it would give rise to a claim

    ]" Norfolk c. Ins. Co. v. Cumbaa, 128 Ga. App. 196, 198-199 (2) ( 196 S.E.2d 167) (1973). See also North East Ins. Co. v. Townsend, 169 Ga. App. 886 ( 315 S.E.2d 463) (1984). I would reverse the judgment of the trial court and remand with direction that the question be submitted to the factfinder, in that neither plaintiff nor defendants are entitled to summary judgment.

  2. American Insurance Company v. Evercare Company

    699 F. Supp. 2d 1361 (N.D. Ga. 2010)   Cited 8 times
    Holding that nine month delay did not constitute notice "as soon as practicable"

    Clearly, Evercare understood what liability policies such as Plaintiffs' covered and that 3M's counterclaim fell within that coverage. Cf. Ne. Ins. Co. v. Townsend, 169 Ga.App. 886, 887, 315 S.E.2d 463, 465 (1984) (finding insured's lack of knowledge of what the policy covered and truthfulness as to that contention proper jury questions). Further underscoring that Evercare should have known that a claim might arise under Plaintiffs' policies is AAIC's January 2008 letter, which explicitly warned Evercare that damages arising outside of AAIC's coverage period would not be covered.