Dearborn Nat. Casualty Co. v. Consumers Petroleum Co.

Dearborn National Casualty Company issued its policy of automobile liability and property damage insurance to the defendant, Consumers Petroleum Company.

On November 16, 1942, plaintiff filed a complaint for a declaratory judgment as to its liability under this policy. The complaint alleged that an accident involving defendant’s fuel oil truck occurred on October 17, 1-941 and that no written notice thereof was given to the plaintiff until January 19, 1942, 94 days after the accident occurred. This it was charged was a breach of the conditions of the insurance contract which provided that…