Akzona, Inc. v. American Credit Indemnity Co.

VAUGHN, Chief Judge.

I

The central issue on this appeal involves the construction of the compulsory filing endorsement to the ACI policy. Plaintiff, ACI, and First State all moved for partial summary judgment for the trial court to construe the endorsement. In his order, Judge Robert D. Lewis ruled that the compulsory filing endorsement does not provide for a forfeiture of coverage for an otherwise covered account because of an insured’s failure to file its claim in accordance with the filing provisions of the endorsement, but rather that the insured’s failure to comply with the compulsory…