Hoover v. Maxum Indemnity Co.
Annotate this CasePlaintiff sustained a serious brain injury when he fell while climbing down from the roof of a residence while working for EWES. At the time of the accident, EWES held a commercial liability insurance policy issued by Maxum. Maxum denied coverage and refused to defend, citing the policy's Employer Liability Exclusion. After plaintiff obtained a negligence judgment against EWES, he filed suit against Maxum pursuant to an assignment of claims from EWES, asserting breach of the duty to defend and seeking indemnification. The court reversed as to the notice issue, finding that Maxum waived its right to assert a defense based on untimely notice because it did not properly alert EWES that the lack of timely notice would be a potential bar to coverage. The court also reversed the Court of Appeals' decision regarding Maxum's duty to defend, finding that since Maxum waived its right to assert a defense related to EWES' failure to give timely notice of the occurrence, timely notice of the occurrence was not a prerequisite to Maxum's duty to defend.
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