Vlasis v. Cheese Makers Mutual Casualty Co.

The complaint alleged acts of negligence on the part of Colburn that resulted in the injuries to Mrs. Vlasis. By its answer the Insurance Company denied the negligence of Colburn and then pleaded a policy defense as follows:

“5. Further answering said paragraph eight (8), this defendant alleges that by the aforesaid policy of insurance and the acceptance thereof by the said Vern R. Colburn, it was provided that compliance with the following provision was and is a condition of liability:

“‘(1) Notice of Accident — Upon the occurrence of an accident, written notice shall be given by or on behalf…