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Cotton States Mut. Ins. Co. v. Phillips

Although lack-of-notice exclusions are enforceable against a third party when that party has access to other insurance, the evidence did not establish the availability of other insurance in this case.

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Cotton States Mutual Insurance Company filed a declaratory judgment action to determine whether it had a duty to defend or to provide coverage on behalf of its policyholder, Charles J. Phillips, for an accident Phillips failed to report for nearly two years. Following the denial of its motion for summary judgment, we granted Cotton States’ application for interlocutory appeal.

Most of the facts are undisputed. On September 4, 1998, Phillips was driving a pickup truck that belonged to P. Singletary, his employer. Alfred Gainer, a fellow employee, was riding in the back. As Phillips was driving across a field, Gainer was thrown out of the truck and injured. Phillips did not provide notice to Cotton States, his automobile insurance company, at the time of the accident.

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