Simmon v. Iowa Mutual Casualty Co

In Simmon v. Iowa Mutual Casualty Co., 3 Ill. 2d 318, 121 N.E.2d 509 (1954), the insurance policy at issue required the insured to give written notice of an accident to the insurer or any of it authorized agents as soon as practicable. Simmon, 3 Ill. 2d at 320-21, 121 N.E.2d at 511. The policy also provided that no action would lie against the insurer unless the insured complied with all of the policy's terms. Simmon, 3 Ill. 2d at 321, 121 N.E.2d at 511. The insured was involved in an automobile accident. Simmon, 3 Ill. 2d at 319, 121 N.E.2d at 510. The insured never gave notice to his insurance company of the accident, but the insurance company received a letter from the injured party's attorney three months after the accident. Simmon, 3 Ill.2d at 319-20, 121 N.E.2d at 510. The appellate court held that the insurer had no duty to defend the insured because he failed to give reasonable notice to the insurer. 3 Ill. 2d at 321, 121 N.E.2d at 511. The supreme court reversed, holding that as long as reasonable notice is given to the insurer it does not matter who gives the notice. Simmon, 3 Ill.2d at 323, 121 N.E.2d at 512.