Shield Insurance Co. v. Kitt

Marshall, Judge.

Appellant, Shield Insurance Company, appeals the declaratory judgment of the trial judge sitting without a jury in favor of the appellees, Mr. and Mrs. Kitt, concluding that the appellant as insurer waived, or was es-topped to invoke, the notice requirements of uninsured motorist coverage contained in a policy of insurance following the death of the Kitts’ three-year-old daughter caused by a drunken and uninsured driver.

The unusual facts of this case are that Mr. Kitt had automobile insurance with appellant, Shield Insurance Co. Mr. Kitt’s insurance dealings were, and had been…