Empire State Surety Co. v. Northwest Lumber Co.
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Northern Division of the Western District of Washington; C. H. Hanford, Judge. Action at law by the Northwest Dumber Company against the Empire State Surety Company. Judgment for plaintiff, and defendant brings error. This is an action instituted by the Northwest Lumber Company against the Empire State Surety Company to recover on a policy of liability insurance.
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In Error to the District Court of the United States for the Northern Division of the Western District of Washington; C. H. Hanford, Judge. Action at law by the Northwest Dumber Company against the Empire State Surety Company. Judgment for plaintiff, and defendant brings error. This is an action instituted by the Northwest Lumber Company against the Empire State Surety Company to recover on a policy of liability insurance. The lumber company prevailed, and the surety company prosecutes a writ of error in this court. The policy of insurance upon which the action is prosecuted contains the…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above). [1] The question is presented upon this record whether the court should have determined as matter of law that notice was not given by the lumber company to the surety company as required by the policy of insurance. The surety company claims, that notice was not so given. The particular clause under which the controversy arises reads:
“Assured on the occurrence of an accident in respect of which claim can be made under this policy shall at once give written notice thereof to the company at New York or to the company’s duly authorized agent.”
The words “at…
2Cases cited5 opinions
- Fidelity & Deposit Co. v. CourtneySupreme Court of the United States · 1902
- Woolverton v. . Fidelity Casualty Co.New York Court of Appeals · 1907
- Mandell v. Fidelity & Casualty Co.Massachusetts Supreme Judicial Court · 1898
- Ward v. Maryland Casualty Co.Supreme Court of New Hampshire · 1902
- Northwestern Telephone Exchange Co. v. Maryland Casualty Co.Supreme Court of Minnesota · 1902
3Cited by13 opinions
- Chapin v. Ocean Accident & Guarantee Corp.Nebraska Supreme Court · 1914
- United States v. BellDistrict Court, S.D. California · 1943
- Sherwood Ice Co. v. U. S. Casualty Co.Supreme Court of Rhode Island · 1917
- Walker Ex Rel. Foristel v. American Automobile Insurance Co.Missouri Court of Appeals · 1934
- Midland Glass & Paint Co. v. Ocean Accident & Guarantee Corp.Nebraska Supreme Court · 1918
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