Mayse v. Great American Insurance

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought upon a hail-insurance policy which provided among other things that a notice of the loss by hail to crops should be given within forty-eight hours after the happening of the loss, and that the company should not be liable for any loss unless notice thereof is furnished to the company within the time mentioned. It is conceded that the notice was not given within the prescribed time. In the original petition of plaintiff no mention was made of the waiver of the policy provision, but the court gave the plaintiff…