Atlantic Cas. Ins. Co. v. Greytak
Annotate this CaseGTL, Inc. filed suit against John Greytak and Tanglewood Investors Limited Partnership (collectively, Greytak) for non-payment of an obligation arising from a construction project. GTL was insured by Atlantic Casualty Insurance Company under a commercial general liability policy. Greytak filed counterclaims against GTL in the state court action. Atlantic sued GTL and Greytak in federal district court seeking a declaration that it was not required to defend GTL from Greytak’s counterclaims or to pay judgment because GTL had not provided timely notice as required by the policy language. GTL later defaulted. The federal district court granted Atlantic’s motion for summary judgment. The Court of Appeals certified a question of law to the Montana Supreme Court, which answered in the affirmative, holding that an insurer who does not receive timely notice according to the terms of an insurance policy must demonstrate prejudice from the lack of notice to avoid defense and indemnification of the insured.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.