CIE SERVICE CORP. v. SMITH

No. 83-470.

460 So.2d 1244 (1984)

CIE SERVICE CORPORATION v. Donna SMITH.

Supreme Court of Alabama.

Rehearing Denied December 21, 1984.


Attorney(s) appearing for the Case

Alton R. Brown, Jr. and Michael S. McGlothren of Brown, Hudgens, Richardson, Whitfield & Gillion, Mobile, for appellant.

C. MacLeod Fuller and Thomas M. Taul III, Mobile, for appellee.


PER CURIAM.

The sole issue in this case is whether a security service, an insured, gave timely notice to its insurer concerning a rape which occurred on premises the security service was guarding.

The facts were not disputed. On October 25, 1980, between the hours of 12:30 a.m. and 2:00 a.m., Donna Smith was assaulted and raped in her apartment in Mobile, Alabama. At that time, Night and Day Security, Inc. (Night and Day), was under contract to provide guard...

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