Hull v. Hartford Fire Insurance Company

The sole issue presented by this case is whether notice of loss was given by the insured in sufficient season to permit his recovery under the policy issued to him by the defendant.

ESA 407:9 which is by statute made a part of all fire insurance contracts issued in this state and was included in the policy under consideration by express stipulation provides as to notice of loss as follows: “In case of loss or damage of property insured the party insured shall give notice thereof, in writing, to the secretary, a director, or an agent of the company, within thirty days.”

We cannot support the…