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NORTH RIVER INS. CO. v. JOHNSON

757 S.W.2d 334 (1988)

NORTH RIVER INSURANCE COMPANY, a Crum and Forster Company, Plaintiff-Appellee, v. H. Clay Evans JOHNSON, Jr., Defendant-Appellant, and Dianne Baker, as next friend and mother of Darrell Jerome Williams and Sharon Rita Cusseaux, individually and as next friend of Jasmine Shevon Hartwell Williams, Defendants.

Court of Appeals of Tennessee, Eastern Section.

Permission to Appeal Denied September 6, 1988.

Attorney(s) appearing for the Case

Jerry H. Summers and Thomas J. Wright, Summers, McCrea & Wyatt, P.C., Chattanooga, for defendant-appellant.

John D. Barry, Milligan, Hooper, Harris & Barry, Chattanooga, for plaintiff-appellee.

Permission to Appeal Denied by Supreme Court September 6, 1988.

OPINION

FRANKS, Judge.

The determinative issue on appeal in this declaratory judgment action is whether the insured gave notice to the insurer "as soon as practicable", as required by the insurance policy.

The evidence establishes the insured had been an alcohol and substance abuser since age 12. He had recently been released from a voluntary stay at a local psychiatric facility...

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