State Auto Property & Casualty Insurance Co. v. Brumit Services, Inc., No. 17-1700 (7th Cir. 2017)Annotate this Case
The Seventh Circuit reversed the district court's judgment in an action filed by an insurance company seeking a declaratory judgment that it had no duty to defend the insured. The court held that it was the insured's responsibility to notify the insurance company that he had been in an accident that might lead to a claim; he failed to do so and his failure was inexcusable under Illinois law; and thus the insurance company had no duty to defend or indemnify the insured in the personal injury suit arising out of the accident. Accordingly, the insurance company was entitled to declaratory relief.