United States Fidelity and Guaranty Co. v. Giroux

This is a petition for a declaratory judgment brought in equity by the plaintiff to determine whether it was relieved from any obligation under its comprehensive general liability insurance contract with its insured, defendant Giroux. The sole point of contention centers on the lack of notice to the plaintiff by defendant Giroux of an occurrence, or accident, as provided by the terms of the contract.

The chancellor, after hearing, made findings of fact and entered a decree in favor of the plaintiff declaring non-liability under the terms of the policy of insurance. Defendants Giroux and…