Farmers Auto. Ins. Ass'n v. Hamilton

Defendant John Hogan (hereafter defendant) appealed from the judgment of the circuit court of Williamson County entered upon allowance of plaintiff's, The Farmers Automobile Insurance Association's, motion for summary judgment in its action for declaratory judgment. The appellate court reversed (31 Ill. App.3d 730), and we allowed plaintiff's petition for leave to appeal. In its complaint for declaratory judgment, plaintiff alleged that defendant had filed suit against Gaston Hamilton, its insured under a homeowner's policy, to recover damages for personal injuries suffered as the result of Hogan's being shot by Hamilton. The shooting occurred on February 7, 1970, and the suit was filed on February 8, 1971. Although admittedly the homeowner's policy was in force and effect at the time of the shooting, plaintiff alleged that it was not obligated to defend Hamilton or pay any judgment recovered by defendant for the reason that it received no notice of the occurrence for more than a year, and that in failing to give notice Hamilton breached the following provision of the policy: