DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
202192P.pdf 08/30/2021 James Dowden v. Cornerstone National Insurance
U.S. Court of Appeals Case No: 20-2192
U.S. District Court for the Western District of Arkansas - Hot Springs
[PUBLISHED] [Smith, Author, with Wollman and Stras, Circuit Judges]
Civil case - Insurance. The bankruptcy trustee for the insured brought
this action against Cornerstone, alleging it breached its duty to defend
the insured by failing to timely file an answer to a complaint filed
against the insured arising out of a traffic accident; the district court
did not err in granting Cornerstone's motion for summary judgment because
Cornerstone had no duty to defend the insured when he failed to strictly
comply with a condition precedent to coverage - promptly forwarding the
complaint and summons to Cornerstone; the actions of Cornerstone's claims
representative did not waive this requirement and Cornerstone was not
estopped from asserting it.