Patrick v. Farmers' Insurance
Supreme Court of New Hampshire
Assumpsit on a policy of insurance. The charter of the defendant company had these provisions in its seventh section: “In case of loss or damage by fire happening to aDy member upon property insured, &c., the said member shall give notice thereof, in writing, to the directors, or some one of them, or to the secretary of said company, within thirty days from the time when such loss or damage may have happened; and the directors, upon a view of said loss, or in such other way…
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Assumpsit on a policy of insurance. The charter of the defendant company had these provisions in its seventh section: “In case of loss or damage by fire happening to aDy member upon property insured, &c., the said member shall give notice thereof, in writing, to the directors, or some one of them, or to the secretary of said company, within thirty days from the time when such loss or damage may have happened; and the directors, upon a view of said loss, or in such other way as they think proper, shall ascertain and determine the amount of said loss or damage. And if the party suffering is not…
1Opinion of the CourtBell, C. J.
We are not aware that any doubt has been entertained of the validity of a stipulation in a policy of insurance, that notice shall be given of a loss within a limited time. When such a clause is inserted in a policy itself, it generally assumes in its terms the form of a condition precedent, until the performance of which, no obligation arises to make good the loss. In other cases as in this, the provision may be contained in the charter of the company. In either case, the nature of the provision is such that it must be wholly inoperative if it is not construed as a condition precedent; so…
2Cases cited12 opinions
- Kernochan v. . the New-York Bowery Fire Insurance CompanyNew York Court of Appeals · 1858
- Wilson v. Ætna InsuranceSupreme Court of Vermont · 1854
- President of the Bank of Vincennes v. StateIndiana Supreme Court · 1823
- Bardstown & Louisville Railroad v. MetcalfeCourt of Appeals of Kentucky · 1862
- Peoria Marine & Fire Insurance v. LewisIllinois Supreme Court · 1857
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3Cited by1 opinion
- Successors of Homar, Colom & Co. v. British America Assurance Co.Supreme Court of Puerto Rico · 1928