Robert S. Kline and Jeanne Kline v. Annette Heyman

Mount Vernon Fire Insurance Company, the defendant, takes this interlocutory appeal from orders granting motions for partial summary judgment in favor of appellees, Editorial America, S.A., plaintiff, and John Mercer Terminal Warehouse Company, Inc., cross-plaintiff. Notwithstanding the defense raised by the insurer that John Mercer Terminal Warehouse Company, Inc. failed to give timely notice to the insurer and therefore prejudiced the rights of the insurer so that the insurer is entitled to deny coverage on the subject policy, the motions stated that there was no genuine issue as to any material fact on the issue of insurance coverage. In support of their motions, appellees argue that any provision requiring notice had been waived, or at best, the language pertaining to notice and proof of loss is ambiguous, and that said ambiguity should, as a matter of law, be resolved in favor of coverage and against the insurer.