Cady v. Fidelity & Casualty Co. of New York
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wood county: Ohas. M. Webb, Circuit Judge. Action to recover on an accident insurance policy. The assured came to his death March 30, 1904, and during the life of the policy. The plaintiff, who was the beneficiary, had no knowledge of the existence of the policy till about sixty days after her husband died. As soon as she obtained such knowledge she complied with the terms of the policy respecting notice to the defendant.
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Appeal from a judgment of the circuit court for Wood county: Ohas. M. Webb, Circuit Judge. Action to recover on an accident insurance policy. The assured came to his death March 30, 1904, and during the life of the policy. The plaintiff, who was the beneficiary, had no knowledge of the existence of the policy till about sixty days after her husband died. As soon as she obtained such knowledge she complied with the terms of the policy respecting notice to the defendant. The policy excepted from the risk insured against, death by suicide, sane or insane. There was a warranty that the assured at…
1Opinion of the Court
The following opinion was filed November 26, 1901:
MaRSHAXl, J.
Did the court err in not granting the motion for a nonsuit, because there was a delay of some sixty days in giving notice to the company, notwithstanding the memorandum on the policy that “the words ‘immediate notice’ as used in the policy are to he construed as meaning notice deposited by registered letter within twenty days of the time of the happening of the casualty insured against,” and sec. 1966 — 19a, Stats. (Supp. 1906; Laws of 1901, ch. 235), providing that “the time for the service of any notice of injury that may he…
2Cases cited17 opinions
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
- Meyer v. Fidelity & Casualty Co.Supreme Court of Iowa · 1895
- Foster v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1898
- Solomon v. . Continental Fire Ins. Co.New York Court of Appeals · 1899
- McElroy v. John Hancock Mutual Life InsuranceCourt of Appeals of Maryland · 1898
12 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Everson v. General Accident, Fire & Life Assurance Corp.Massachusetts Supreme Judicial Court · 1909
- Unverzagt v. PresteraSupreme Court of Pennsylvania · 1940
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
- Browning v. Equitable Life Assur. Soc.Utah Supreme Court · 1938
- Texas Prudential Insurance Company v. DillardTexas Supreme Court · 1957
29 more not listed; retrieve them via the Exa API.