Legal Opinion
Cooperative Fire Insurance v. White Caps, Inc.
Supreme Court of Vermont
Decided March 28, 1997No. 96-258PublishedCited by 36 opinions
1Opinion of the CourtMorse, J.
Traditionally, an insurer was released from its contractual obligations if its insured committed an unexcused breach of the prompt-notice provisions of the policy, regardless of whether the insurer was prejudiced by the delay. Past decisions of this Court have adhered to this rule when the policy plainly makes notice a condition precedent to coverage. See Nelson v. Travelers Ins. Co., 113 Vt. 86, 98, 30 A.2d 75, 82 (1943); Honran v. Preferred Accident Ins. Co., 109 Vt. 258, 272-74, 195 A. 253, 259-60 (1938). During the past several decades, however, the traditional view has been largely…
2Cases cited44 opinions
- Brakeman v. Potomac Insurance Co.Supreme Court of Pennsylvania · 1977
- Cooper v. Government Employees InsuranceSupreme Court of New Jersey · 1968
- Zuckerman v. National Union Fire InsuranceSupreme Court of New Jersey · 1985
- State Automobile Mutual Insurance v. YoulerWest Virginia Supreme Court · 1990
- Johnson Controls, Inc. v. BowesMassachusetts Supreme Judicial Court · 1980
39 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- PAJ, Inc. v. Hanover Insurance Co.Texas Supreme Court · 2008
- Alcazar v. HayesTennessee Supreme Court · 1998
- American Justice Insurance Reciprocal v. HutchisonTennessee Supreme Court · 2000
- Country Mutual Ins. Co. v. Livorsi MarineIllinois Supreme Court · 2006
- Country Mutual Insurance Co. v. Livorsi Marine, Inc.Illinois Supreme Court · 2006
31 more not listed; retrieve them via the Exa API.