LIBERTY MUT. INS. CO. v. SAFECO INS. CO.

Record No. 791126.

288 S.E.2d 469 (1982)

LIBERTY MUTUAL INSURANCE COMPANY v. SAFECO INSURANCE COMPANY OF AMERICA.

Supreme Court of Virginia.

March 12, 1982.


Attorney(s) appearing for the Case

Robert L. Ellis, Arlington (Siciliano, Ellis, Sheridan & Dyer, Arlington, on brief), for appellant.

Terrence Ney, Fairfax (Robert W. Wooldridge, Jr.; Boothe, Prichard & Dudley, Fairfax, on brief), for appellee.

Before CARRICO, C. J., COCHRAN, COMPTON, THOMPSON and STEPHENSON, JJ., and HARRISON, Retired Justice.


COMPTON, Justice.

In this automobile insurance case, we consider whether an insured breached a policy condition by failing to give timely notice of accident to the insurer and, if so, whether the insurer subsequently gave timely statutory notice to the claimant of its intention to rely on such breach in defense of any claim made under the policy.

On January 27, 1977 in Fairfax County, a parked trash truck protruding...

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