National Construction Co. v. Travelers' Insurance
Massachusetts Supreme Judicial Court
Contract, upon a policy of insurance issued by the defendant against the liability of the plaintiff, for “ accidental bodily injuries under circumstances which shall impose upon the insured a common law or statutory liability therefor.”
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Contract, upon a policy of insurance issued by the defendant against the liability of the plaintiff, for “ accidental bodily injuries under circumstances which shall impose upon the insured a common law or statutory liability therefor.” At the trial in the Superior Court, before Lilley, J., the jury returned a verdict for the plaintiff, and the defendant alleged exceptions, which, Lilley, J., having resigned, were allowed by Mason, C. J., under St. 1894, c. 412. The facts appear in the opinion.
1Opinion of the CourtHolmes, C. J.
This is an action upon a policy of insurance against liability. The plaintiff incurred a liability within the policy and suffered a judgment. The defendant set up the breach of a condition that “ immediate written notice shall be given this company of any accident and of all alleged injuries, together with copies of all statements made by employees, and all other information in possession of the insured in any way relating to such accident.” At the trial the plaintiff contended that it had no knowledge definite enough to call for a notice during the time of its failure to give notice, and…
2Cases cited3 opinions
- Roby v. American Central InsuranceNew York Court of Appeals · 1890
- Mandell v. Fidelity & Casualty Co.Massachusetts Supreme Judicial Court · 1898
- Oakes v. Manufacturers' Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1883
3Cited by9 opinions
- Chapin v. Ocean Accident & Guarantee Corp.Nebraska Supreme Court · 1914
- Jefferson Realty Co. v. Employers' Liability Assurance Corp.Court of Appeals of Kentucky · 1912
- Travelers' Ins. Co. of Hartford v. ScottCourt of Appeals of Texas · 1919
- Oakland Motor Co. v. American Fidelity Co.Michigan Supreme Court · 1916
- Southern Surety Co. of Now York v. HeyburnCourt of Appeals of Kentucky (pre-1976) · 1930
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