Home Medical Malpractice Untimely Notice Dooms Eatery Owner’s Defense For Crash

Untimely Notice Dooms Eatery Owner’s Defense For Crash

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By Emily Enfinger (September 6, 2022, 1:45 PM EDT) — State Auto gained a win Friday when an Illinois federal court found that a restaurant owner’s untimely notice of a suit stemming from a car crash allegedly caused by two intoxicated patrons relieves the insurer of any defense obligation.

U.S. District Judge Sue E. Myerscough said in an opinion and order that restaurant owner Gazmend Rushiti did not have a reasonable justification for waiting nine months to notify his insurer of a suit stemming from a drunken-driving crash allegedly caused by two restaurant patrons. Because the delay was unreasonable, State Auto Property and Casualty Insurance Co. is excused from defending the…

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