American Employers Insurance Company v. Metro Regional Transit Authority

DAVID A. NELSON, Circuit Judge.

This is a declaratory judgment action brought to determine ^ whether the plaintiff, an insurance company, had a contractual duty to defend its insured in a wrongful death case. The latter case arose out of an accident notice of which was withheld from the insurance carrier for almost two years. The accident occurred in November of 1989; the insured chose not to notify the carrier until November of 1991.

One of the conditions of the insurance contract was this: ‘You [the insured] must see to it that we [the insurance company] are notified promptly of an…