Legal Opinion

Reynolds v. Maryland Casualty Co.

Superior Court of Pennsylvania

Decided March 12, 1906No. Appeal, No. 32PublishedCited by 9 opinions

Appeal, No. 32, Jan. T., 1906, by defendant, from judgment of C. P. Lackawanna Co., May T., 1904, No. 346, on verdict for plaintiff in case of John Reynolds v. Maryland Casualty Company of Baltimore, Md. Assumpsit on a policy of health insurance. Before Kelly, J. The facts are stated in the opinion of the Superior Court. Yerdict and judgment for plaintiff for $234.44. Defendant appealed.

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Appeal, No. 32, Jan. T., 1906, by defendant, from judgment of C. P. Lackawanna Co., May T., 1904, No. 346, on verdict for plaintiff in case of John Reynolds v. Maryland Casualty Company of Baltimore, Md. Assumpsit on a policy of health insurance. Before Kelly, J. The facts are stated in the opinion of the Superior Court. Yerdict and judgment for plaintiff for $234.44. Defendant appealed. Error assigned among others was in refusing judgment for defendant non obstante veredicto.

1Opinion of the Court

Opinion by

Henderson, J.,

The appellant denies the right of the plaintiff to recover in this action for two reasons : (1) That he did not comply with *458the requirement of the policy that “ immediate written notice must be given to the company at Baltimore or to the agent countersigning the policy of any disease or illness for which a claim is tq be made with full particulars therefor and full name and address of insured;” (2) That he did not comply with the provision of the policy that “ affirmative proof of cause and duration of disability must also be furnished to the company within ten days…

2Cases cited5 opinions

  1. Oregon Steamship Co. v. . OtisNew York Court of Appeals · 1885
  2. Lyon v. Railway Passenger Assurance Co.Supreme Court of Iowa · 1877
  3. Peoples M. Accident Ass'n v. SmithSupreme Court of Pennsylvania · 1889
  4. Pier v. HeinrichshoffenSupreme Court of Missouri · 1877
  5. Smith v. National Life InsuranceSupreme Court of Pennsylvania · 1883

3Cited by9 opinions

  1. Simon v. Hospital Service Ass'nSuperior Court of Pennsylvania · 1960
  2. Edelson v. American Employers InsuranceSuperior Court of Pennsylvania · 1927
  3. Harris v. OsorioNew Jersey Superior Court Appellate Division · 1973
  4. Kunkle v. Union Casualty InsuranceSuperior Court of Pennsylvania · 1916
  5. Estes Mills Co. v. Stewart A. Shannon Co.Superior Court of Pennsylvania · 1923

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