Kubey v. Travelers Protective Ass'n

Citations

• 109 Wash. 453
• 187 P. 335
• 1920 Wash. LEXIS 926

Syllabus

<p>Appearance (8)—General or Special — Answer to Merits — Waiver. A special appearance to quash service of a summons is waived where, after the motion was overruled, the party appeared generally by answer without preserving the special appearance.</p> <p>Evidence (24)—Presumptions—Mailing and Delivery of Letter. There is a legal presumption that a letter properly addressed and mailed reached the party to whom it was addressed.</p> <p>Insurance (188)—Accident Insurance—Notice to Insurer—Evidence—Question for Jury. Whether an insurance company received notice of an accident is a question for the jury, where the evidence of the insured’s son that he made out and mailed notice of the claim was corroborated by his sister who was present, notwithstanding he admitted having written to the company only on two occasions, which his letters show to have been at a different time.</p> <p>Appeal (142)—Preservation of Grounds — Instructions — Requests and Exceptions. Error cannot be assigned on excessiveness in a recovery for weekly indemnity during a continuance of a disability, not exceeding 104 weeks, in an action commenced before expiration of such period, where there was no request for a correct instruction as to the measure of damages, and no exceptions to the instructions given.</p>