Sheafor v. Standard Accident Insurance Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Rock county:. Geoege Geimm, Circuit Judge. The action is brought by the insured under an accident insurance policy for the total loss of one eye. A general demurrer to the complaint was overruled, and the defendant appeals.
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Appeal from an order of the circuit court for Rock county:. Geoege Geimm, Circuit Judge. The action is brought by the insured under an accident insurance policy for the total loss of one eye. A general demurrer to the complaint was overruled, and the defendant appeals. The complaint sets forth at length the issuance of the-policy and its conditions, one of the conditions being that “written notice of injury” on which a claim is based must be given within twenty days after “the accident causing such injury.” This condition, however, is followed by a provision that failure to give notice within…
1Opinion of the CourtWixslow, C. J.
The policy requires that written notice-of “injury” must be given within twenty days after the “date-of the accident causing such injury,” unless it be shown not to have been reasonably possible to give such notice within the time provided, and that it was given as soon as reasonably possible. The “injury” and the “accident” causing it are recognized as separate things by the policy itself, and the notice required is notice of the “injury,” not of the “accident.” In the present case the injury is, of course, the loss, of the eye, the accident the blow on the head. It is very plain that it was…
2Cited by6 opinions
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- Leslie v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1935
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