Commercial Standard Ins. Co. v. Harper

ALEXANDER, Justice.

The plaintiff, J. W. Harper, recovered judgment in the lower court against the defendant, Commercial Standard Insurance Company, on an insurance policy issued by the defendant to insure the plaintiff against loss of his automobile by theft. The insurance company appealed.

The policy required the insured, in the event of the loss of his automobile by theft, to give “immediate notice” of such loss to the company. The appellant, by an un-sworn plea, alleged that notice was not given within the time provided for in the policy, and sought to defeat liability by reason thereof.…