First Chicago Insurance Company v. Molda 

Insurer filed declaratory judgment action as to duty to defend or indemnify Defendant driver or his employer in litigation from car accident. Court improperly granted summary judgment for insurer in finding that insurer had not received timely notice of accident as required by his employer's policy. Employer's president and treasurer were aware of accident within two days of occurrence, and within that time discussed nature of accident with their insurance broker. Insurer received notice of claim eleven months after insurer was named in amended complaint filed by driver of other vehicle, which is not unreasonable notice. Issues of fact exist as to conversation between broker and employer, whether broker was acting as agent for insurer for purpose of receiving notice, and whether insurer was prejudiced by the delay. (GARCIA and McBRIDE, concurring.)