This case involves a denial of coverage under a professional liability insurance policy. The gravamen of this case is whether the Appellant/insurance company received proper notice under the policy, of a claim by Appellee/accounting firm. Appellee/accounting firm purchased the Policy through its usual insurance broker, also an Appellee in this appeal. Appellee/accounting firm notified Appellee/insurance broker of its claim, but no written notice was forwarded to Appellant/insurance company. The trial court found, inter alia, that notice to the Appellee/insurance broker constituted notice to the Appellant/insurance company. Consequently, the trial court entered judgment against Appellant/insurance company and dismissed Appellee/accounting firm's cause of action against Appellee/insurance broker. We reverse and remand.
Case Number
M2004-02280-COA-R3-CV
Originating Judge
Chancellor Richard H. Dinkins
Case Name
Marlin & Edmondson, P.C. v. National Union Fire Insurance Company of Pittsburgh, PA., et al.
Date Filed
Dissent or Concur
No
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