North River Insurance Co. v. Johnson

OPINION

FRANKS, Judge.

The determinative issue on appeal in this declaratory judgment action is whether the insured gave notice to the insurer “as soon as practicable”, as required by the insurance policy.

The evidence establishes the insured had been an alcohol and substance abuser since age 12. He had recently been released from a voluntary stay at a local psychiatric facility and, on June 11, 1985, at his home he was confronted with his supplier, apparently seeking payment for drugs. The evidence as to how the supplier, Jerome Williams, gained entry into the insured’s home is in dispute;…