Reynolds v. Maryland Casualty Co.

Citations

• 30 Pa. Super. 456
• 1906 Pa. Super. LEXIS 97

Syllabus

<p>Insurance — Health insurance — Notice.</p> <p>Where a policy of health insurance requires that “immediate written notice” of the disease or illness shall be given to the company, a notice given within a reasonable time under the circumstances .of the particular case will satisfy the requirement of the policy. What is a reasonable time under the special facts is a question for the jury, unless the delay has been so great that the court may with confidence decide the question as one of law.</p> <p>Where a health policy of insurance provides that “affirmative proof of cause and duration of disability must be furnished to the company within ten days from the termination of the disability,” notice given during disability is in time.</p> <p>A condition in a policy of insurance being the language of the company must, if there be any ambiguity in it, be taken most strongly against them; if reasonably susceptible of two interpretations it is to be construed in favor of the assured so as not to defeat, without plain necessity, his claim to indemnity which it was his object to secure.</p> <p>Evidence — Mailing letter — Postage—Presumption.</p> <p>Where a person testifies that he mailed a letter by depositing it in a street letter box, it will be presumed, in the absence of anything to the contrary that the letter was duly stamped.</p>