The applicant obtained a default judgment against a contractor for defective sewer installation and sought to enforce the judgment directly against the contractor's insurer under s. 132 of the Insurance Act.
The insurer denied coverage because the contractor failed to report the claim for nine years, breaching the policy's prompt notice condition.
The court found that the insured breached the notice condition and declined to grant relief from forfeiture, concluding that the delay was unreasonable, substantial, and prejudiced the insurer's ability to investigate and pursue third-party claims.
The application was dismissed.
