Henry v. Johnson

How courts have described this case

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

• noting that under Kansas law a failure to give timely notice under an insurance policy must be pleaded and proved by the party asserting it
• reasoning that where an insurer had actual knowledge of accident and consequently an opportunity to defend, the failure to give notice or forward pleadings will not preclude recovery under the policy
• “[T]he rule ... imposes two necessary essential elements. First, that the liability insurer must clearly disclaim liability under the policy, and second, it must give notice of the reservation of rights to set up defenses of noncoverage.”
• non-waiver agreement to be strictly construed
• non-waiver agreement to be strictly construed

Source: CourtListener parenthetical corpus (CC0).