American States Insurance v. National Cycle, Inc.

Plaintiff, American States Insurance Co., brought a declaratory judgment action against defendants, National Cycle, Inc. (National Cycle), and Paul Richard Campbell (Campbell), seeking a declaration that it had no duty to defend or indemnify National Cycle for the claims asserted by Campbell due to National Cycle’s breach of the notice requirement of an insurance policy. Plaintiff then filed a motion for summary judgment. The trial judge granted plaintiff’s motion on the grounds that National Cycle had given "inadequate notice” and, as a result, "there is no question prejudice occurred.”

Allege…