Erber v. Insurance Company of North America

Bell, Chief Judge.

Plaintiff sued for medical payments under an automobile insurance policy. Defendant denied liability for failure of the plaintiff to comply with the requirement of the policy that written proof of the claim should be given as soon "as practicable.” Defendant’s motion for summary judgment was granted.

There is no dispute that plaintiff was involved in a collision on January 26, 1971. On December 22,1972 [22 months after the collision] defendant received plaintiffs written notice of claim for medical payment under the policy. The defendant by its evidence showed that it had…