Legal Opinion
Hughey v. Aetna Casualty & Surety Co.
District Court, D. Delaware
Decided July 13, 1962No. Civ. A. No. 2380PublishedCited by 9 opinions
1Opinion of the Court
LEAHY, Senior District Judge.
1. Defendant argues that plaintiff’s, failure to perform the condition precedent12 to defendant’s liability asserted here, discharges defendant from any duty or obligation, under the policy covering the Frank W. Diver, Inc., car agency, to plaintiff who was operating one of the agency’s cars at the time of the accident—i. e., although plaintiff notified his own insurer promptly of the accident, no notice was given defendant insurance company until the first action had been started in the Delaware Superior Court and by that time there had been a lapse of nearly…
2Cases cited10 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Security Insurance Company Of New Haven v. WhiteCourt of Appeals for the Tenth Circuit · 1956
- Stern & Co. v. State Loan and Finance CorporationDistrict Court, D. Delaware · 1962
- Home Indemnity Company v. WareDistrict Court, D. Delaware · 1960
- Wilmington Amusement Co. v. Pacific Fire InsuranceSuperior Court of Delaware · 1941
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Farm Mutual Automobile Insurance Company v. Hearn, Adm'xCourt of Appeals of Maryland · 1966
- Hartford Accident & Indemnity Company, a Corporation v. Otho R. DayCourt of Appeals for the Tenth Circuit · 1964
- Day v. Hartford Accident & Indemnity Co.District Court, N.D. Oklahoma · 1963
- Hubner & Williams Construction Co. v. London Guarantee & Accident Co.District Court, D. Colorado · 1967
- Hughey v. Aetna Casualty & Surety Co.District Court, D. Delaware · 1963
4 more not listed; retrieve them via the Exa API.