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· 12/6/2000

Colonial Insurance v. Barrett

Citations

  • 542 S.E.2d 869
  • 208 W. Va. 706
  • 2000 W. Va. LEXIS 145

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the notice requirement had been met when there was a timely notice by a third party even though the insured had never notified the insurer
  • because the delay seemed reasonable, the burden shifted to the insurer to show that late notice prejudiced its investigation and defense
  • “The term ‘appeared in the action,’ for purposes of a default judgment under Rule 55(b)(2) ... is quite different from an appearance for other purposes-”
  • “The question of whether an insurance company was notified within a reasonable time period is, generally, a question for the finder of fact.” (citations omitted)
  • “The satisfaction of the notice provision in an insurance policy is a condition precedent to coverage for the policyholder.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Starcher

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.