Berglind v. Paintball Business Ass’n 

(Court opinion filed 12/24/09 withdrawn.) Eleven-year old boy sustained eye injury at paintball facility. Suit was consolidated with declaratory judgment action as to reasonableness of insured's notice of occurrence. Trial court granted summary judgment for insurer and agent, and denied Plaintiff's motion for summary judgment. 11-month delay in notification to insurer of service of suit was not unreasonable as a matter of law, as insured facility owner lacked experience in insurance matters, and at time of incident a physician at the scene washed out child's eye, he seemed fine, and had no further contact with facility about injury. Questions of fact exist as to late notice of occurrence, thus summary judgment for plaintiff or for insurer improper.