First State Insurance v. Montgomery Ward & Co.

Defendants, Montgomery Ward & Co., Inc., and Marcor, Inc. (collectively Ward), appeal from the trial judge’s order granting summary judgment to plaintiff, First State Insurance Co. (First State), in this declaratory judgment action. The trial court found that Ward failed to tender proper notice of a claim on an excess insurance policy. We affirm.

In 1977, Marjorie Dabney suffered crippling burns over 40% of her body. The burns allegedly were caused by a fire which started in a faultily designed heater, sold to her by Ward. In 1979, Dabney sued Ward in the United States District Court for the…