REPUBLIC-FRANKLIN INS. CO. v. SILCOX

No. 95-2572.

92 F.3d 602 (1996)

REPUBLIC-FRANKLIN INSURANCE COMPANY, Plaintiff-Appellee, v. Dianna SILCOX and Howard Silcox, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 16, 1996.


Attorney(s) appearing for the Case

Mark J. Roberts, Robert W. Wright (argued), Jerrilyn P. Ramsey, Julia B. Gelinas, Locke, Reynolds, Boyd & Weisell, Indianapolis, IN, for Plaintiff-Appellee.

Yvonne Ferguson-Watkins (argued), Ferguson-Watkins & Harrold, Indianapolis, IN, for Defendants-Appellants.

Before CUDAHY, FLAUM and KANNE, Circuit Judges.


CUDAHY, Circuit Judge.

In the ordinary course of things, an insurance company's duty to indemnify its policyholders arises only when it receives timely notice of an accident connected with one of its policies. The duty may arise from tardy notice, however, if there are good reasons for the delay or if the insurance company suffers no prejudice from that delay. The case before us presents the question whether Indiana law would preserve the duty to indemnify when the...

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