Factory Mutual Liability Insurance Co. of America v. Kennedy

Lewis, Justice.

The question for decision in this appeal is whether an insurer is relieved of liability by the nonprejudicial failure of an insured to give notice of the accident and forward suit papers, as required by the conditions of a “voluntary” automobile liability insurance policy.

The insured, under an automobile liability policy issued by plaintiff-respondent, was involved in an accident in which Norman G. and Myrnai B. Barkoot allegedly sustained damages. The Barkoots were insured under a liability policy issued to them by Fireman’s Fund American Insurance Companies, which provided…