Heller v. Standard Accident Ins.

In the trial court the plaintiff attached to his petition a copy of the policy, but did not allege performance of “all the conditions on his part to be performed.” The petition was therefore demurrable; but since the cause proceeded to trial, upon the issue of performance, error cannot be predicated upon such defective pleading. Union Ins. Co. of Dayton v. McGookey, 33 Ohio St., 555.

The real issue in the case, that of giving immediate notice by the assured, was specifically pleaded in the second defense of the insurance company’s answer. It set forth the condition in the policy which required…