copy of carlie's complaint by his insurance carrier farmers on july eighth two thousand the issue before this court is whether there will be any insurance coverage for harley's claim for the death  the date that we offered it and that was commencing with his service of summons in the civil suit on june seventh two thousand and ten so with those three competing da  august two thousand and nine and based upon that found that the intervening time between the time he first was required to notify his insurance company and the time he actually notif parties never done that so if the context of the case comes in to is when when a person is asserting their innocence their noninvolvement in collusion wi it first become a duty upon them to report this collision that they say they were involved in to their insurance well obviously when he was convicted on june that the obvious answer is well he wouldn't know whether or not he was going to be infected but that's that's that's the obvious answer to the really answer though comes up is why that is required that the policy and the  what's required of the policy is a duty to notify of an accident or loss or he's asserting he didn't have an accident and if he's asserting he didn't have a loss is being arrested equal leaped to an accident or a loss well is every bit the language of the policy doesn't say accident loss or arrest so as a lay person should be quite being arrested a be more specific it should say and overdressed equals and actually last we're talking about late people who are out on the street driving cars they get into a traffic accident they have a duty to report if they're  movement to submit it evidence on that as a practical matter mr burton wasn't my client i didn't but so if he's in prison so it's a difficult situation but we believe that the burden was it's one factor to consider it is it is one i agree but i also think that that is one of the issues that court can set or in this particular case what prejudice is there to  well your honor under that hypothetical i would have to say that if the evidence that was gathered i can show that picture some of these it would have been a witness there is something that you can show that there's some actual prejudice and then of course the insurance company can assert that but in the case where all of the evidence is still available six years later that was available at the time i cause to believe interested and this is now a filmy so in very short order i don't recall what circumstances were either he was indicted by a grand jury or judge found probable cause to know why would they put any reasonable person not notice that someone is pretty serious about what happened with regard to him and his driving  truck to the extent that he is claiming coverage like now i want my insurance company to protect superbly in this matter maybe he should let them know about this alleged accident where he  tough ah i've seen records on how well the people of the state of illinois or the party against i think that the average person doesn't realize that he well as the state claiming a criminal one how does that not follow i'm convinced in that case if i were that person that we do have in this country the presumption of i so only when you know it wasif is going to be filed or reasonably believe it wasis or be filed that's when the notification obligation first crisis only when you know you don't do it the notification requirement only applies when you're convicted no i'm not saying that you're right well as a reply short of conviction notice the notice requirement only applies when you have would not have defended him in the criminal certainly not so why are you precious well what would you have done differently if if you'd been notified in advance of the criminal case we don't know what we could have done differently because we fear of convictions is not a reason not to communicate we know that from ron we know that from this court's opinion it's life or american standard for his life we also know that any communication with the insurer is probably a whatever there would be no no basis first but why why why is it that the victim gets harmed but you profit from the welfare your notice to reach a patrick the contract requires and i think that your runners went through are a start but if they don't notify the insurance company the interest comes off what's an insurance company supposed to do if it's not notified it you can't provide a defense for somebody that doesn't tell you they wanted to finance and you can't provide a defense for somebody who tells you says the state did a better job of investigating this action that than any in charge adjuster could ever do i don't know where that came from the but that's not the point the policy is a contract the notice provision of this contract thousand and ten when he tendered his defense of the wrongful death case but then was of course noticed a loss though the insurance agents reading the newspaper he sees all my insured has been arrested for the sense that their insurance company know about the agent said it might be well the supreme court said even though notice of the lawsuit was finally given twenty seven months after the soup was filed all of these passing conferences these he said she said insurance company had is more than reading a newspaper it has the ability to know when a possible action has been filed and where to find the complaint not you read a newspaper article and because that was what they called you have to be able to under that circumstance or i don't know because he was not there if he if he made that contact with you would you have an obligation then to notify the authorities confesses yeah i did it you can back they that the date of the accident because he's acknowledging that he was there but how do you back a conviction he still claiming he wasn't there i was wrongfully convicted does that back date i don't think that that should back that's the first point the second point is that the time of the one of the questions  and happen until june tenth a few days after he is served with summons and then the there's the insurance company is notified july that it was we take the position that it doesn't start until he's actually served with sobs and the reason being it is a practical matter there's a lot of things that happen from the time you get arrested until the time you actually get served there's lawsuits that are never f