Southern Cleaning Service, Inc. v. Essex Insurance Company and Genesee General Agency, Inc. Essex Insurance Company…

Summary

The court reversed the summary judgment for the insurance defendants because substantial evidence created a genuine issue of material fact as to whether the independent agency had apparent authority to receive notice of the insured's claim on the insurers' behalf. The court held that the policy's additional-insured provision did not independently bar SCSI's coverage claim because failure to satisfy the notice condition affected the benefits available under coverage rather than the existence of coverage itself. The insurers' separate appeal concerning costs was dismissed as moot because the judgment in their favor was reversed. Justice Shaw, concurring specially, stated that on reconsideration she would concur in the result in the principal appeal.