Hooper v. Zurich American Insurance Co.

OPINION

HUSPENI, Judge.

Appellants sued respondents, their insurers, for defense and indemnification in two lawsuits after judgment had been rendered against appellants in one suit and the other had settled unfavorably to them. Respondents were awarded summary judgment on the grounds that the lawsuits had never been tendered to respondents as required by appellants’ policies and that respondents were prejudiced by appellants’ failure to tender the actions prior to incurring liability. Because we hold that where an insurance policy mandates notice to the company as the means of tendering…