Great American Insurance v. C. G. Tate Construction Co.

I must respectfully dissent. First, I cannot agree with the result reached by the majority; and second, even if I agreed with that result, I am convinced it could have been reached by the application of law well established in this jurisdiction and certainly without the violence done to existing precedent by the majority opinion.

I

It is well settled in this jurisdiction that a provision in a policy of liability insurance which requires the insured to give notice “as soon as practicable” is reasonable, valid and enforceable. Muncie v. Insurance Company, 253 N.C. 74, 116 S.E. 2d 474 (1960);…