Tighe v. Maryland Casualty Co.
Massachusetts Supreme Judicial Court
Contract, upon a policy of liability insurance, for the sum of $5,181.50 paid by the plaintiffs upon a judgment obtained against them by one Matthew Adler, a minor, in an action for bodily injuries, the plaintiffs alleging that they gave seasonable notice to the defendant of the claim of Adler against them.
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Contract, upon a policy of liability insurance, for the sum of $5,181.50 paid by the plaintiffs upon a judgment obtained against them by one Matthew Adler, a minor, in an action for bodily injuries, the plaintiffs alleging that they gave seasonable notice to the defendant of the claim of Adler against them. Writ dated August 18,1910. In the Superior Court the case was tried before Aiken, C. J. The material portions of the policy were as follows: “In consideration of Two Hundred Sixty and 25/100 Dollars (260.25) estimated premium and the statements hereinafter set forth in the Schedule of…
1Opinion of the CourtBraley, J.
By the terms of the policy the plaintiffs as the assured were bound under Condition C to give immediately written notice of the accident, either, to the home office of the company or to its authorized agent, "with the fullest information available at the time.” Rooney v. Maryland Casualty Co. 184 Mass. 26. It was urgently insisted at the trial, that the plaintiffs had failed to comply with this requirement. But, whether seasonable notice with all available particulars had been given, was a question of fact on the evidence, which properly was submitted to the jury. Greenough v. Phœnix Ins. Co.…
2Cases cited15 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Young v. . HunterNew York Court of Appeals · 1852
- Lowe v. HarwoodMassachusetts Supreme Judicial Court · 1885
- Greenough v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1910
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3Cited by10 opinions
- Eaton v. EatonMassachusetts Supreme Judicial Court · 1919
- Ratner v. Canadian Universal Ins. Co. Ltd.Massachusetts Supreme Judicial Court · 1971
- Berke Moore Co. Inc. v. Lumbermens Mutual Casualty Co.Massachusetts Supreme Judicial Court · 1962
- Standard Printing Co. v. Fidelity & Deposit Co.Supreme Court of Minnesota · 1917
- American Surety Co. v. SutherlandDistrict Court, N.D. Georgia · 1940
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