Renuart-Bailey-Cheely Lumber and Supply Company, Plaintiff-Counter v. Phoenix of Hartford Insurance Company, Defendant-Counter Claimant-Appellee

RONEY, Circuit Judge:

In this diversity case the district court granted summary judgment for defendant, Phoenix of Hartford Insurance Company. The court held that Phoenix rightfully refused coverage under a policy of public liability insurance on the ground that the insurance company did not receive timely notice of an accident from its insured, Renuart-Bai-ley-Cheely Lumber and Supply Company (RBC). RBC settled the claim against it and then brought this separate action against Phoenix claiming insurance coverage. Our review is limited solely to the question of whether summary judgment was…