Harwell v. State Farm Mutual Automobile Insurance Co.

In this case we determine whether an insured provided notice of a suit filed against her to her insurance carrier, thereby binding the carrier by the resulting judgment. The trial court granted summary judgment in favor of the insurer, and the court of appeals affirmed. 876 S.W.2d 494. We hold that the insurer is not bound by the judgment against the insured because the insured faded to comply with the notice of suit provision of the insurance policy. Therefore, we affirm the judgment of the court of appeals.

I

On December 5,1986, Tammy D. Hubbard and Erie Christopher Leatherman were in an…