Peoples M. Accident Ass'n v. Smith

Citations

• 126 Pa. 317
• 17 A. 605
• 1889 Pa. LEXIS 875

Syllabus

<p>(«) By tlio terms of an insurance against accidents, “ immediate written notice” of the injury was to be given the association, and “ sufficient and satisfactory proofs of loss,” were to be furnished within six months from the happening of the accident, otherwise all rights to recover were to be null and void.</p> <p>1. The word “ immediate ” in the contract is to be construed to mean within a. reasonable time after the injury, and what was a reasonable time, under all the facts and circumstances of the ease, is a question of fact for the jury, unless the delay has been so great that the court may rule it as a question of law.</p> <p>2. The proofs of loss, in such ease, may be read in evidence, not as evidence of the plaintiff’s claim, but for the purpose of showing that such proofs were furnished in compliance with the conditions of the policy: Commonwealth Ins. Co. v. Sennett, 41 Pa. 161; Lycoming Ins. Co. v. Schreflier, 42 Pa. 188.</p>