John B. Stevens & Co. v. Frankfort Marine, Accident & Plate Glass Ins.

Citations

• 207 F. 757
• 47 L.R.A.N.S. 1214
• 1913 U.S. App. LEXIS 1658

Syllabus

<p>1. Insurance (§ 539*) — Employer’s Liability Policy — Notice — Duty to Gi ve—T i m f—1T11 mediately.”</p> <p>An employer’s liability policy provided that on the occurrence of an accident, whether any claim was made in respect thereof or not, the insured should immediately, and at the latest within ten days, or within the time fixed for giving notice of accidents under liability insurance policies by any special law of the state in which the policy is issued, give notice in writing of such accident to the insurer, etc. Meld, that the word “immediately,” as so used, did not mean instantly, and did not require the insured to give notice before assured itself had knowledge of the accident by which the employs in question was injured.</p> <p>IKd. Note.—For other cases, see Insurance, Cent. Dig. §§ 1328-1336; Dec. Dig. § 539.*</p> <p>For other definitions, see Words and Phrases, vol. 4, pp. 3403-3410.]</p> <p>2. Time (Ü 15*)—“Immediately.”</p> <p>Where notice of an act is required to be given “immediately,” the word implies reasonable notice in view of all the circumstances of the case.</p> <p>[Ed. Note.—For other cases, see Time, Dec. Dig. § 15.*]</p> <p>3. Insurance (§ 513*)—Employer’s Liability Policy—Defense of Action— Costs and Attorney's Fees on Appeal.</p> <p>Where an employer’s liability policy bound the insurer to defend an action against assured for injuries to a servant, regardless of the insufficiency of the notice of injury, for which the insurer denied liability under the policy and refused to defend, tile assured was not only entitled to recover costs and attorney’s fees paid in defense of the action in the superior court, but was also entitled to recover costs and attorney's fees expended on appeal of the case to the Supreme Court.</p> <p>[Ed. Note.—For other cases, see Insurance, Dec. Dig. § 513.*]</p>