Hatch v. United States Casualty Co.
Massachusetts Supreme Judicial Court
Contract upon two policies of accident insurance. Writ in the Superior Court for the county of Suffolk dated December 4, 1906. The defendant demurred to the declaration, and the demurrer was sustained by Fox, J., and the plaintiff appealed. The material allegations of the declaration and portions of the policies of insurance are stated in the opinion.
1Opinion of the CourtHammond, J.
This is an action brought by a beneficiary upon two insurance policies. The declaration contains two counts, one on each policy; and the question upon each count is whether upon the allegations therein contained it appears that the notice required by the policy was seasonably given to the defendant. So far as material to this question the language is *102the same in each of the policies and the allegations are the same in each count; and therefore in discussion we shall speak only of the first count.
The allegations of this count as to notice are as follows: “Item 4. The insured on July 7,1906,…
2Cases cited10 opinions
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
- McElroy v. John Hancock Mutual Life InsuranceCourt of Appeals of Maryland · 1898
- Mandell v. Fidelity & Casualty Co.Massachusetts Supreme Judicial Court · 1898
- Phillips v. United States Benevolent SocietyMichigan Supreme Court · 1899
- Hoffman v. Manufacturers' Accident Indemnity Co.Missouri Court of Appeals · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Koshland v. Columbia InsuranceMassachusetts Supreme Judicial Court · 1921
- Phoenix Cotton Oil Co. v. Royal Indemnity Co.Tennessee Supreme Court · 1918
- Houran, Admr. v. Preferred Acc. Ins. Co. of N.Y.Supreme Court of Vermont · 1938
- Smith v. Travelers InsuranceMassachusetts Supreme Judicial Court · 1914
- Barfield v. Insurance Company of North AmericaCourt of Appeals of Tennessee · 1968
49 more not listed; retrieve them via the Exa API.