Dreaded, Inc., Appellant (plaintiff) v. St. Paul Guardian Insurance Co., St. Paul Protective Insurance Co., and St…

Summary

The Indiana Supreme Court affirmed summary judgment for St. Paul, holding that the insurer's duty to defend did not arise until Dreaded provided the notice required by its policies. Because Dreaded sought only defense costs incurred before St. Paul knew of the environmental claim, prejudice was irrelevant. The court concluded that St. Paul had no duty to defend during the pre-notice period and therefore did not need to prove separate prejudice.