Ward v. Maryland Casualty Co.
Supreme Court of New Hampshire
Assumpsit, on an insurance policy. Facts found, and case transferred from the May term, 1901, of the superior court, by Stone, J. By the policy the defendants agreed to indemnify the plaintiffs-against loss from common-law or statutory liability for damages on account of bodily injuries accidentally suffered by the plaintiffs’ employees and caused by the plaintiffs’ negligence, subject to the-following, among other, conditions, “ which are to be construed as-conditions…
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Assumpsit, on an insurance policy. Facts found, and case transferred from the May term, 1901, of the superior court, by Stone, J. By the policy the defendants agreed to indemnify the plaintiffs-against loss from common-law or statutory liability for damages on account of bodily injuries accidentally suffered by the plaintiffs’ employees and caused by the plaintiffs’ negligence, subject to the-following, among other, conditions, “ which are to be construed as-conditions precedent of this contract: (1) The assured, upon the occurrence of an accident, shall give immediate notice thereof in…
1Opinion of the CourtChase, J.
The defendants’ liability depends in part upon the answer to the question, whether the plaintiffs gave them “ immediate ” notice in writing of O’Connell’s accident, the claim made on account of it, and the suit that was brought to enforce the claim. This involves an ascertainment of the meaning of the word “ immediate ” as used in the policy. The word, when relating to time, is defined in the Century Dictionary as follows: “Without any time intervening; without any delay; present; instant; often used like similar absolute expressions, with less strictness than the literal meaning requires;…
2Cases cited1 opinion
- Lockwood v. Middlesex Mutual Assurance Co.Supreme Court of Connecticut · 1880
3Cited by18 opinions
- Conroy v. Commercial Cas. Ins. Co.Supreme Court of Pennsylvania · 1928
- Houran, Admr. v. Preferred Acc. Ins. Co. of N.Y.Supreme Court of Vermont · 1938
- Rochon v. Preferred Accident InsuranceSupreme Court of Connecticut · 1934
- Finkle v. Western Automobile InsuranceMissouri Court of Appeals · 1930
- Buckner v. BucknerWisconsin Supreme Court · 1932
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