Beaudry v. Massachusetts Bonding & Insurance

In an action brought pursuant to former section 109 of the Insurance Law, as that section read prior to January 1, 1940, to recover property damages sustained as the result of blasting operations carried on by the defendant’s assured, judgment for defendant unanimously affirmed, with costs. The proof was sufficient to justify the findings of the learned trial court that the insured had breached the terms and conditions of the policy by failing to give notice of the accident and by lack of co-operation thereafter and up to the time of the repudiation of the policy by the defendant in June,…