AETNA CASUALTY AND SURETY CO. V. MURPHY
206 Conn. 409, 538 A.2d 219 (1988)
NATURE OF THE CASE: This was an insurance policy dispute. Murphy (D), insured, sought
review of the partial summary judgment entered in favor of Chubb (D1), third party defendant
insurance company, in an indemnification action to recover damages for breach of contract.
FACTS: Aetna (P) sued Murphy(D) to recover for damage he allegedly caused to a building
that P had insured. D was a dentist in the building and when he dismantled his office it
gave rise to a claim for damages. D was served with P's complaint on November 21, 1983 and
gave no notice to Chubb until January 10, 1986. D filed a third party complaint impleading
his liability insurer, Chubb, as third party defendant. Chubb moved for summary judgment
because D inexcusably and unreasonably delayed in complying with the notice provisions of
the insurance contract. It was granted and D appealed. D contends that Chubb should not be
excused if it suffered no prejudice by the delay.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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