Deer Trail Consolidated Mining Co. v. Maryland Casualty Co.

Citations

• 36 Wash. 46
• 78 P. 135
• 1904 Wash. LEXIS 513

Syllabus

<p>Indemnity — Employer’s Liability Insurance — Policy Requiring Immediate Notice of Accident — Delay—Insufficient Excuse. Where a policy of insurance indemnifying an employer against liability to servants provides for immediate notice of the accident, a delay of eight months in giving the notice vitiates the policy, and the delay is not excused by the fact that one of the assured parties did not know of the accident, and the other did not know of the existence of the policy.</p> <p>Same — Waiver of Notice of Accident — Evidence of Waiver— Sufficiency. Wavier of a provision in an employer’s liability policy of insurance requiring immediate notice of the accident is not shown by evidence to the effect that the attorneys for the assured called on the general agents of the company eight months after the accident, and in answer to inquiries stated that no notice had been given because they had had no previous notice of the accident (one of the assured having had notice of the accident but not of the policy), and that thereupon the agents stated that, if so, notice would have been impossible, and that notice must be furnished as soon as possible, that a time was mentioned, which the agents said would be soon enough, and later furnished blanks for the purpose, which were filled up and delivered to the agents.</p>