Foster v. Fidelity & Casualty Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Portage county: Chas. M. Webb, Circuit Judge. This is an action to recover upon an accident insurance policy issued by the defendant. The policy was in the principal sum of $1,600, and was issued June 29, 1895, to one Thomas F. Foster, a car repairer by occupation, in favor of his mother, the plaintiff, Mary J. Foster, in case of his death resulting from bodily injuries sustained through external, violent, and accidental means.
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Appeal from a judgment of the circuit court for Portage county: Chas. M. Webb, Circuit Judge. This is an action to recover upon an accident insurance policy issued by the defendant. The policy was in the principal sum of $1,600, and was issued June 29, 1895, to one Thomas F. Foster, a car repairer by occupation, in favor of his mother, the plaintiff, Mary J. Foster, in case of his death resulting from bodily injuries sustained through external, violent, and accidental means. The policy also contained a provision for the payment of weekly indemnity to the assured himself for disability…
1Opinion of the CourtWinslow, J.
There are several reasons why this judgment, must be reversed.
1. The policy provides that immediate written notice must be given to the company of any accident and injury for which a claim is to be made, with full particulars thereof. This was a condition precedent to a recovery. The word u immediate.” in this connection, means such convenient time-*451as was reasonably necessary under the circumstances to do the thing required. Kentzler v. Am. Mut. Acc. Asso. 88 Wis. 596. Where the facts are uncertain or disputed, and the inferences doubtful, the question whether timely notice was given is one…
2Cases cited5 opinions
- Kentzler v. American Mutual Accident Ass'n of OshkoshWisconsin Supreme Court · 1894
- Mellen v. . the Hamilton Fire Insurance CompanyNew York Court of Appeals · 1858
- Baker v. German Fire InsuranceIndiana Supreme Court · 1890
- Hiles v. Hanover Fire InsuranceWisconsin Supreme Court · 1886
- Zielke v. London Assurance Corp.Wisconsin Supreme Court · 1885
3Cited by45 opinions
- Miller v. DiltsIndiana Supreme Court · 1984
- Knight & Jillson Co. v. CastleIndiana Supreme Court · 1909
- RTE Corp. v. Maryland Casualty Co.Wisconsin Supreme Court · 1976
- Wehner v. FosterMichigan Supreme Court · 1951
- Hoffman v. Employer's Liability Assurance Corp.Oregon Supreme Court · 1934
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