Gregory v. Allstate Insurance

Deen, Presiding Judge.

The insurer contends that the policy notice provision was not complied with, in that it is undisputed that if plaintiffs attorney gave notice to Allstate within a proper time the notice was not written, and if the forwarding of suit papers be considered written notice it was not timely. However, counsel for the insurance company state in their brief: "The appellee agrees with the appellant that the policy provision in subsection 10, action against the company, has no applicability to this case. The appellee never relied on this subsection of the policy in its Motion for…