Argonaut Midwest Ins. Co. v. DLC Services, Inc., et al.

Cray Huber attorneys Jeff SideriusMelissa Dakich and Nicholas Graber were recently successful  in persuading the Indiana Court of Appeals to reverse the trial court’s denial of its client’s motion for summary judgment in Argonaut Midwest Ins. Co. v. DLC Services, Inc., et al., (Dec. 12, 2017).  The insurer sought summary judgment in Lake County, Indiana Superior Court, but the trial court denied the motion.  Cray Huber filed an interlocutory appeal.  The Indiana Court of Appeals granted review and held the insured’s nearly two-year delay in providing notice of the underlying slip and fall incident, and its nearly six-month delay in providing notice of the lawsuit, were unreasonably late as a matter of law.  The court further held these delays prejudiced the insurer and that the parties seeking coverage had failed to rebut the presumption of prejudice created by the delays. The Court of Appeals therefore reversed the decision of the trial court.