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Old Guard Insurance Co. v. Jimmy's Grille9/21/2004
to Calloway was sufficient to satisfy the requirement that notice be given to the insurer. As the apparent (if not actual) agent of Old Guard, Calloway had the power to bind Old Guard by accepting notice of the claim. Whether or not Tenefoss actually gave timely notice to Calloway was a disputed issue of fact to be resolved at a trial. The jury ultimately resolve that issue against Old Guard.
20. This Court reviews the Superior Court's denial of summary judgment de novo. Summary judgment will be granted only when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Because whether or not Tenefoss notified Calloway in timely fashion was a disputed material factual issue, the Superior Court correctly denied Old Guard's motion for summary judgment. The trial court did not abuse its discretion or commit any error of law in its disposition of the three motions that are the subject of this appeal.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.
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