Dabney v. Augusta Mutual Insurance Co.

In 2002, Pauline Dabney was attacked by two pit bull dogs owned by Elease Otey, who had recently died. Otey held an insurance policy issued by Augusta Mutual Insurance Company that contained a condition requiring the insured to give written notice of an accident "as soon as is practical." In 2003, Dabney filed a personal injury action against the administrator of Otey's estate. Although a letter was sent to Augusta in 2004 notifying the insurance company of Dabney's lawsuit, Augusta did not receive it. The circuit court held in favor of Augusta, ruling as a matter of law that Augusta did not receive notice of Dabney's claim before 2005, and therefore notice of the accident and claim was untimely under the terms of the policy. The Supreme Court held that (1) the circuit court did not err in barring the jury from considering whether Augusta discovered the claim in early 2005 when Dabney's amended complaint only alleged that the insurer discovered the claim in 2004; and (2) given the extenuating circumstances in this case, whether the notice was timely was a question of fact upon which reasonable minds could disagree. Affirmed in part, reversed in part, and remanded.