Dunshee v. Travelers Insurance

Citations

• 25 Pa. Super. 559
• 1904 Pa. Super. LEXIS 113

Syllabus

<p>Insurance — Accident insurance — Notice—Condition precedent.</p> <p>Where an accident insurance policy provides that immediate written notice of the accident shall be given to the company, and that proofs of death or loss of limb or sight, or duration of disability shall be furnished within seven months from the accident, a delay of four months in giving any notice of an accident when the insured was well able to give it, will bar a claim on the policy.</p> <p>Where an act is to be performed by the plaintiff before the accruing of the defendant’s liability under the contract, the plaintiff must prove either his performance of such condition precedent, or an offer to perform it which the defendant rejected, or his readiness to fulfill the condition until the defendant discharged him from so doing, or prevented the execution of the matter which the contract required him to perform.</p>