Coleman v. New Amsterdam Casualty Co.

Cardozo, Ch. J.

The defendant issued to the Endicott Drug Store, Incorporated, its policy of insurance “ indemnifying the assured against loss from the liability imposed by law * * * as a result of any error or mistake * * * in the preparation of drugs or medicines or in filling any prescription or order for the same.” The insurance was subject to conditions. One of these (condition B) is to the effect that “ the assured shall give immediate written notice of any alleged error or mistake of which he has knowledge, with the fullest information obtainable at the time,” that “if a claim is made…