Osterhout v. Travelers Indemnity Co.

This is an action for judgment declaring that the defendant, the Travelers Indemnity Company, must defend plaintiff in a negligence action brought against the plaintiff by one Alfred E. Gisel, individually and as guardian ad litem of Bradley R. Gisel, an infant, on July 18, 1962 for injuries *1059alleged to have been sustained by said plaintiffs by reason of an accident on September 24,1959. The defendant company has declined to defend this plaintiff in that action upon the ground that plaintiff failed to give notice to the defendant of the alleged accident as provided in plaintiff’s policy of…