Dearborn Nat. Casualty Co. v. Consumers Petroleum Co.

MINTON, Circuit Judge.

The plaintiff-appellant, an insurance company, issued its automobile liability and property damage policy to the defendantappellee covering all commercial automobiles owned by the defendant, including a fuel oil truck used to deliver fuel oil to consumers. The policy provided: “Notice Of Accident — Upon the occurrence of an accident written notice shall be given by or on behalf of the Insured to the Company or any of its authorized agents as soon as practicable.”

The plaintiff filed a complaint for a declaratory judgment as to its liability under this policy, alleging…