Home Insurance Company v. Arkansas Mechanical Contractors, Inc.

BRIGHT, Circuit Judge.

This case raises a liability insurance policy coverage question arising from the fail ure of the named insured, Arkansas Mechanical Contractors, to notify its insurer, Home Insurance Company, of an accident occurring June 23, 1970, until after the injured party brought suit in Arkansas state court in March of 1973, two years and nine months after the accident. Home Insurance sought a declaratory judgment in United States District Court for the Eastern District of Arkansas to avoid policy coverage for the accident in question. It listed as defendants the named insured…