What Is an Insured’s Duty to Give Timely Notice of a Claim?
Once an insured is aware of the existence of a claim, she has a reasonable time to put the insurer on notice of the claim, and if she fails to do so, any potential coverage may be extinguished. Compliance with the notice requirements in an insurance policy is a condition precedent to recovery [or defense.[1] An insured’s failure to give notice “within a reasonable time with such conditions precedent in an insurance policy requiring the insureds to give notice of an accident or occurrence releases the insurer from obligations imposed by the insurance contract.”[2] Alabama courts have interpreted the term as soon as practicable to mean that “notice must be given...