Powell v. Fireman's Fund Insurance Companies

On or about October 2, 1976, the plaintiff was injured at a North Andover nightclub owned by the insured. Although the insured was present and saw the accident, he did not notify his insurer until he was served with the plaintiff’s complaint for damages in February, 1977. The insurer advised its insured that it would undertake the defense of the action but that it would do so under a reservation of its rights concerning the insured’s failure to give notice of the occurrence “as soon as practicable,” as required by the conditions to the policy. When the insured failed to respond to notices of…