Ruby Mae Pitts v. The Aetna Casualty & Surety Company

FRANK, Circuit Judge.

1. Section 167, subd. 1(d) of the statute provides that “failure to give any notice required to be given by such policy within the time prescribed therein shall not invalidate any claim made by the insured or by any other claimant thereunder if it shall be shown not to have been reasonably possible to give such notice within the prescribed time and that notice was given as soon as was reasonably possible.” On September 11 or September 17,1952, or at most 42 days after the accident, the company received written notice from Wiley’s broker. Assuming for the moment that this…