Legal Opinion

Haas Tobacco Co. v. . American Fidelity Co.

New York Court of Appeals

Decided May 20, 1919PublishedCited by 64 opinions

Appeal from a judgment entered May 17, 1917, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff .entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.

1Opinion of the Court

Andrews, J..

Under a policy requiring immediate notice to the insurer of accidents insured against, the condition does not apply to every trivial occurrence even though it may prove afterward to result in serious injury. If no apparent harm came from the mishap and there was no reasonable ground for believing at the time that bodily injury would follow, there was no duty upon the insured to notify the insurer. (Melcher v. Ocean Accident & Guarantee Corp., 226 N. Y. 51.)

The plaintiff here had a policy of automobile insurance issued by the defendant to protect it against accidents caused by its…

2Cases cited1 opinion

  1. Melcher v. . Ocean Accident Guarantee Corp.New York Court of Appeals · 1919

3Cited by64 opinions

  1. Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
  2. Deso v. London & Lancashire Indemnity Co. of AmericaNew York Court of Appeals · 1957
  3. Power Authority v. Westinghouse Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1986
  4. Heydt Contracting Corp. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1989
  5. Travelers Insurance v. Volmar Construction Co.Appellate Division of the Supreme Court of the State of New York · 2002

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