Transamerica Insurance Group v. Stephen George Beem and Wife, Joan Beem, Transamerica Insurance Group v. William Douglas Booth

BERTELSMAN, District Judge.

This is a declaratory judgment action by an insurance company, which seeks to avoid *664its obligation under a homeowner’s policy to defend a serious personal injury action against its insured, because of the failure of the insured to give timely notice of the potential claim, as required by the policy.

The trial court granted summary judgment for the plaintiff insurance company. Although few facts are disputed, this court is of the opinion that the granting of the summary judgment must be reversed because the insurance company, as a matter of law, is estopped from…