ALLSTATE INSURANCE COMPANY v. FOGG

SC 419.

300 So.2d 819 (1974)

ALLSTATE INSURANCE COMPANY, a corporation v. Hobart E. FOGG, d/b/a Fogg Construction Co., et al.

Supreme Court of Alabama.

September 19, 1974.


Attorney(s) appearing for the Case

Smith & Sturdivant, Huntsville, for appellant.

L. Tennent Lee, III, Huntsville, for appellee Hobart E. Fogg, d/b/a Fogg Const. Co.

H. Carey Walker, Jr., Huntsville, for appellees Catherine Lanier, as Administratrix, and John W. Baker, as Administrator.


MADDOX, Justice.

Allstate Insurance Company appeals from a declaratory judgment which requires it to defend its insured, Hobart E. Fogg, d/b/a Fogg Construction Company, in wrongful death actions filed against him.

Allstate claims Fogg failed to notify it about the occurrence until over eight months after it happened and this was not "as soon as practicable."

The facts are not seriously disputed. Many facts were stipulated.

Fogg had participated...

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