Jones v. Bituminous Casualty Corp.
Kentucky Supreme Court
821 S.W.2d 798 (1991)
- Written by Rich Walter, JD
Facts
Kentucky mining statutes required all mine owners to carry commercial general liability (CGL) insurance. Bituminous Casualty Corporation (Bituminous) (plaintiff) issued the CGL policy that insured Huston Partin’s mine. An explosion at the mine seriously injured Partin’s former partner, John Jones (defendant). Six months later, Jones learned that Partin had never notified Bituminous of the explosion. Jones provided that notification himself. Bituminous sued for a declaratory judgment that the delayed notification breached the CGL policy’s standard prompt-notification clause, thereby relieving Bituminous of any liability to cover claims related to Jones’s accident. The trial court entered summary judgment for Bituminous and was affirmed on appeal by an intermediate court. Jones appealed to the Kentucky Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Leibson, J.)
Dissent (Stephens, C.J.)
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