AUTOMOBILES-- INSURANCE - EFFECT OF DELAY IN GIVING NOTICE OF ACCIDENT

Authors

Abstract

Plaintiff, a boy of six, was struck by an automobile driven by the insured's brother who, after investigation, found no apparent injury and was so informed by the boy's mother. A week later the driver reported the affair to the insured. Two weeks after the accident the insured was notified of the plaintiff's claim. A week later, three weeks after the accident, the insurer was notified. The policy of liability insurance provided that "upon the occurrence of death or personal injuries or any accident covered by this policy, the assured shall as soon as practicable after learning thereof, give written notice with full particulars to the company, or its duly authorized agent. And the assured shall give like notice of any claim made on account of any such occurrence." Held, that the term "as soon as practicable" meant within a reasonable time, under the circumstances of the case, after the insured learns of the in jury; that the duty to give notice did not arise until facts developed which would suggest to a person of ordinary and reasonable prudence that liability may have been incurred. Baker v. Metropolitan Ins. Co., (Conn. 1934) 171 Atl. 7.

Recommended Citation

AUTOMOBILES-- INSURANCE - EFFECT OF DELAY IN GIVING NOTICE OF ACCIDENT, 33 Mich. L. Rev. 429 (1935).
Available at: https://repository.law.umich.edu/mlr/vol33/iss3/8