New Amsterdam Casualty Co. v. Miller

The complaint sets forth an action for declaratory judgment based upon plaintiff’s disclaimer of liability grounded in the alleged noncompliance by certain defendants — the insured — with condition 9 of the insurance policy in suit requiring written notice of accident.

The credible proof is that the accident occurred on June 15, 1956 and that no written notice thereof was given to the plaintiff insurance company until October 26, 1956. The alleged oral *453notice to the company’s agent is disputed by the representative of the company and his testimony is accepted by the court. In the court’s…