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Hoover v. Maxum Indem. Co.

An insurance company failed to properly reserve the right to assert a future defense when it denied the insured's claim and did not properly notify the insured that it intended to assert the future defense.

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James Matthew Hoover sustained a serious brain injury on October 20, 2004 when he fell while climbing down from the roof of a residence while working for his employer, Emergency Water Extraction Services, LLC “EWES”. At the time of the accident, EWES held a commercial liability insurance policy issued by Maxum Indemnity Company. Maxum denied coverage and refused to defend, citing the policy’s Employer Liability Exclusion.

After Hoover obtained a $16.4 million negligence judgment against EWES, he filed suit against Maxum pursuant to an assignment of claims from EWES, asserting breach of the duty to defend and seeking indemnification. The trial court granted both Maxum’s motion for summary judgment finding that EWES failed to provide timely notice of the occurrence and Hoover’s motion for partial summary judgment finding that Maxum breached its duty to defend the underlying tort action. The Court of Appeals affirmed the trial court’s grant of summary judgment on the timely notice issue and reversed the grant of summary judgment on the issue of Maxum’s duty to defend. Hoover v. Maxum Indemnity Co., 310 Ga. App. 291 712 SE2d 661 2011.

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