Legal Opinion · Dissent
Kennedy v. Dashner
Michigan Supreme Court
Decided December 3, 1947No. Docket No. 48, Calendar No. 43,681Published
1Dissent
I do not concur in the opinion of Mr. Justice BUSHNELL.
The policy expressly provides, as a condition precedent to liability, that the assured shall, as soon as practicable, give the insurer written notice of any accident thereunder. This Court has given recognition to such provision as a condition precedent to liability. Oakland Motor Co. v. American Fidelity Co.,190 Mich. 74. Assured failed to give the insurer notice of the accident in question until 70 days after its occurrence and the insurer's first knowledge of the accident came by means of a letter from plaintiff's attorney received 47…
2Cases cited21 opinions
- Coleman v. New Amsterdam Casualty Co.New York Court of Appeals · 1928
- Rushing v. Commercial Casualty InsuranceNew York Court of Appeals · 1929
- Foster v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1898
- Vanderbilt v. Indemnity Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1943
- McCarthy v. RendleMassachusetts Supreme Judicial Court · 1918
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