Late notice to insurer leaves little defense over duty to defend

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted January 23, 2018 1:08 PM

The 7th U.S. Circuit Court of Appeals, construing Illinois law, recently held that an insured’s 21-month delay in notifying its auto insurer of an accident involving what appeared to be a relatively minor injury was unreasonable.The case is State Auto Property & Casualty Insurance Co. v. Brumit Services, 2017 U.S. App. Lexis 24920 (Dec. 11, 2017).The insurer, State Auto, was represented by Pretzel & Stouffer Chtd. The Law Offices of Stephen C. Buser of downstate Columbia, Ill., represented the insured, Brumit …

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