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CO-OP. FIRE INS. v. WHITE CAPS, INC.

No. 96-258.

694 A.2d 34 (1997)

COOPERATIVE FIRE INSURANCE ASSOCIATION OF VERMONT v. WHITE CAPS, INC., City of Burlington and David Stancil.

Supreme Court of Vermont.

Motion for Reargument Denied April 16, 1997.

Attorney(s) appearing for the Case

Richard P. Foote of Conley & Foote, Middlebury, for plaintiff-appellant.

John T. Leddy of McNeil, Leddy & Sheahan, Burlington, for defendant-appellee City of Burlington.

John L. Kellner and Kevin E. Brown of Langrock Sperry & Wool, Middlebury, for intervenor-appellee Stancil.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

MORSE, Justice.

Traditionally, an insurer was released from its contractual obligations if its insured committed an unexcused breach of the prompt-notice provisions of the policy, regardless of whether the insurer was prejudiced by the delay. Past decisions of this Court have adhered to this rule when the policy plainly makes notice a condition precedent to coverage. See Nelson v. Travelers Ins. Co., 113 Vt. 86, 98, 30 A.2d 75, 82 (1943); Houran v. Preferred...

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