Douville v. Pacific Coast Casualty Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District iu aud for Shoshone County. Hon. Wm. W. Woods, Judge. Action to recover on an accident policy. Judgment for the plaintiff. The requirement in policies, such as the one in this ease, that notice and proof of loss must be given within a fixed time, is a condition precedent to the right of the insured to recover, and must be strictly complied with to enable the insured to recover. (Biddlesbarger v. Hartford Ins.
Read the full summary
APPEAL from the District Court of the First Judicial District iu aud for Shoshone County. Hon. Wm. W. Woods, Judge. Action to recover on an accident policy. Judgment for the plaintiff. The requirement in policies, such as the one in this ease, that notice and proof of loss must be given within a fixed time, is a condition precedent to the right of the insured to recover, and must be strictly complied with to enable the insured to recover. (Biddlesbarger v. Hartford Ins. Co., 7 Wall. (U. S.) 386, 19 L. ed. 257; Underwood Veneer Co. v. London' Guarantee & Accident Co., 100 Wis. 378, 75 N. W.…
1Opinion of the CourtSullivan, J.
This action was brought to recover on a contract of insurance against accident. It appears that the plaintiff fell from the roof of a building upon which he was at work and was so badly injured that he was prevented from laboring for more than nine months. It is not questioned but that the injuries suffered by the respondent were of such a nature as would entitle him to recover had he complied with the terms of his contract, but the action was defended solely upon the ground that the plaintiff had failed to comply with the requirements of the policy.
The case was tried by the court without a…
2Cases cited16 opinions
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
- Hohn v. Inter-State Casualty Co.Michigan Supreme Court · 1897
- Stockton Combined Harvester & Agricultural Works v. Glens Falls Insurance Co.California Supreme Court · 1898
- Standard Life & Accident Insurance v. DavisSupreme Court of Kansas · 1898
- Aronson v. Frankfort Accident & Plate Glass InsuranceCalifornia Court of Appeal · 1908
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Eastern Idaho Loan & Trust Co. v. BlombergIdaho Supreme Court · 1941
- Gaffney v. Royal Neighbors of AmericaIdaho Supreme Court · 1918
- Supreme Lodge, Knights of Pythias v. WilsonCourt of Appeals of Texas · 1918
- Jones v. McIntireIdaho Supreme Court · 1939
- Hornick v. First Catholic Slovak UnionSupreme Court of Kansas · 1924
9 more not listed; retrieve them via the Exa API.