Havas v. Atlantic Insurance

OPINION

This action was commenced by Atlantic Insurance Company seeking a declaratory judgment that it was not liable to appellants for water damage to their home. The district court ruled that the water damage was covered by the policy but that recovery was barred by appellants’ lack of timely notice to Atlantic. This appeal followed.

Appellants’ carpet and wallpaper were damaged from flooding caused by a malfunction of their water softener. Unable to recover their expenses from the water softener supplier and his insured, appellants filed a claim with Atlantic, their own insurer under a…