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Tuesday, July 21, 2009
Ind. Decisions - Supreme Court issues one today
In Tri-Etch, Inc., d/b/a Sonitrol Security Systems of Muncie, et al v. Cincinnati Insurance Company, a 12-page, 5-0 opinion, Justice Boehm writes:
We hold that an alarm company's commercial general liability and umbrella insurance policies do not cover a claim against the alarm company for delays in observing or reacting to a failure of the retailer to make a scheduled setting of a night alarm. The claim does not arise from an “occurrence” as defined by the policy, and is also within an exclusion for "alarm services.”We also hold that, standing alone, the fact that an insurer also denies coverage on other issues does not preclude the insurer from raising failure to give timely notice of a claim, and does not conclusively rebut the presumption that untimely notice of a claim prejudices the insurer. * * *
The trial court's denial of summary judgment on Cincinnati's coverage defenses is reversed, and the case is remanded with instructions to enter judgment for Cincinnati.
Posted by Marcia Oddi on July 21, 2009 12:22 PM
Posted to Ind. Sup.Ct. Decisions