Granite State Insurance v. Nord Bitumi U. S., Inc.

How courts have described this case

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

• finding that an insured “forwarded the suit papers to [its insurer], but not for 46 days,” and that this delay precluded coverage because the policy required insureds to “immediately forward” papers
• determining that a 46-day delay in providing notice of suit constituted a breach of the insured’s duties under the policy and relieved the insurer of its obligation to defend and to indemnify
• insured’s 46-day delay in sending complaint to insurance company was a breach of duty to immediately forward the same to the insurer
• insured’s failure to provide prompt notice to insurer in original suit as required by insurance contract did not relieve insurer from subsequently defending insured where notice requirement was satisfied with respect to renewal action
• insured’s failure to provide prompt notice to insurer in original suit as required by insurance contract did not relieve insurer from subsequently defending insured where notice requirement was satisfied with respect to renewal action
• “The answers to the second question certified to us, then, are yes, the tardy forwarding of suit papers was cured by the voluntary dismissal and refiling of an identical suit, and no, the insurer may not rely 8 See also Littleton v. Stone, 497 S.E.2d 684, 686 (Ga. Ct. App. 1998

Source: CourtListener parenthetical corpus (CC0).