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RENUART-BAILEY-C.L. & S. CO. v. PHOENIX OF HARTFORD INS. CO.

No. 71-3184.

474 F.2d 555 (1972)

RENUART-BAILEY-CHEELY LUMBER AND SUPPLY COMPANY, Plaintiff-Counter Defendant-Appellant, v. PHOENIX OF HARTFORD INSURANCE COMPANY, Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing February 8, 1973.

Attorney(s) appearing for the Case

Michael R. Storace, Miami, Fla., for appellant.

Steven R. Berger, Miami, Fla., for appellee.

Before TUTTLE, MORGAN and RONEY, Circuit Judges.

RONEY, Circuit Judge:

In this diversity case the district court granted summary judgment for defendant, Phoenix of Hartford Insurance Company. The court held that Phoenix rightfully refused coverage under a policy of public liability insurance on the ground that the insurance company did not receive timely notice of an accident from its insured, Renuart-Bailey-Cheely Lumber and Supply Company (RBC). RBC settled the claim against it and then brought this separate action...

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