Rice v. AAA Aerostar, Inc.

This case presents the question vyhether an insurance company can avoid payment of a claim because it was not given notice that suit had been filed, although it was given notice of the occurrence. We reject plaintiffs argument that the insurer’s awareness of the potential for lawsuit gave the insurer notice sufficient for it to locate and defend the suit. Nevertheless, we reverse the summary judgment entered for the insurer, because the insurer’s affidavit did not negate the possibility that the insurer had actual notice.

On July 7, 1992, plaintiff slipped and fell in a parking lot owned by…