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Plantation Pipe Line Co. v. Stonewall Ins. Co.

Although the trial court properly found that the insured failed to comply with a notice provision in the excess liability insurance policy, such failure did not negate coverage under that policy because the policy did not expressly stipulate that compliance with the notice provision was a condition precedent to coverage and the insurer failed to show that as a matter of law it was prejudiced by the insured's failure to provide reasonably prompt notice.

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Plantation Pipe Line Company filed this action in the Superior Court of Fulton County against five of its excess liability insurers, including Stonewall Insurance Company. Plantation and Stonewall filed cross motions for summary judgment on the issue whether Plantation complied with a notice provision in the policy at issue. The trial court granted Stonewall’s motion and denied Plantation’s cross-motion. Plantation appeals, contending the trial court erred in concluding as a matter of law that it failed to give Stonewall timely notice of the occurrence at issue and thereby forfeited coverage under the Stonewall policy.1 For the reasons explained below, we affirm in part and reverse in part.

Summary judgment is proper if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. OCGA § 9-11-56c.

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