Depew v. Hanover Insurance

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

The defendant The Hanover Insurance Company moved for a summary judgment, Rule 56(b), Federal Rules of Civil Procedure, contending that the plaintiffs were required to furnish notice and a proof of loss, as required by the insurance contract of such parties, as a condition precedent to any recovery against it herein. The motion lacks merit.

Notice and proof of loss are conditions precedent to any recovery on an insurance contract requiring the furnishing of the same. Fisher v. Mutual of Omaha Insurance Company (Tenn., 1973), 503 S.W.2d 191,…