Southwest Disabilities Services and Support v. ProAssurance Specialty Insurance Co.

Resident at facility for developmentally disabled adults suffered injury upon choking on food, and was transported to hospital the next day. The incident was not first reported during the policy period, as insuring agreement required, but instead was first reported after lawsuit was filed, which was after policy had already expired. Thus, duty to defend was never properly triggered and thus the estoppel doctrine does not apply. (CUNNINGHAM and CONNORS, concurring.)