Employers' Liability Assur. Corp. v. Jones County Lumber Co.

Citations

• 111 Miss. 759
• 72 So. 152

Syllabus

<p>1. Insurance. Liability insurance. Notice of injuries. Knowledge of employers. Delay in giving notice of suit. Effect.</p> <p>Where the employee of a lumber company was injured but did not make any claim for damages and resumed his work and no other servant notified, the management of the lumber company of the injury and the employee waited two years before bringing suit, the lumber company, being without knowledge of the injury, was under no duty to report the accident to its insurer, notwithstanding a clduse in the policy required that upon the occurrence of an accident involving bodily injury or death, assured should give immediate written notice to the insurer’s home office.</p> <p>2. Liability Insubance. Delay in giving notice of suit. Effect. •</p> <p>Where an employer, insured against liability for injuries to its employees was sued by the employee on April 18th and failed to give notice of the suit to the insurance comapny until June 17th, and court met on June 23d, the insurer having attorneys eight miles from the place of trial, and the delay in giving notice of the suit was not detrimental to the insurer, such failure to give notice of the suit did not bar the employer’s recovery on its policy, since the requirement of prompt notice is not of the essence of the contract, unless it materially affects the rights of the particular case.</p>