Board of Managers of Roseglen Condo Ass’n v. Harleysville Lake States Inc. Co.

In a prior action, plaintiff obtained a default judgment against a corporation that was insured by defendant. In order to collect against the corporation, the plaintiff commenced a declaratory judgment against seeking a coverage determination. The trial court granted summary judgment in favor of the insurance company defendant and the plaintiff appealed. The appellate court affirmed, finding that the insurance company did not have a duty to defend or indemnify in the underlying matter and resulting judgment because the insurance company did not receive proper notice. (HYMAN and WALKER, concurring)