Wachs & Co. v. Fidelity & Deposit Co.

Citations

• 248 Pa. 263
• 93 A. 1007
• 1915 Pa. LEXIS 558

Syllabus

<p>Insurance — Team liability insurance — Written notice of accident — Waiver—Case for jury.</p> <p>1. In an action on a policy indemnifying plaintiffs against legal liability for damages on account of injuries or death resulting from plaintiffs’ use or maintenance of animals and vehicles, and providing that immediate written notice of an accident should be given the defendant, and that all process should be forwarded to defendant’s home office as soon as served, where it appeared that an accident had happened for which plaintiffs had been held liable, that written notice thereof required by the policy was not given but that the defendant’s representative was notified by telephone immediately on plaintiff’s learning of the accident, three weeks after its occurrence; that on being served with process plaintiffs sent the summons to the defendant, who acknowledged receipt thereof in writing, saying “We are, however, reserving our rights under the policy pending our investigation”; that thereafter defendant assumed charge of the case and by its counsel conducted the trial, which took place over a year after the accident, there was sufficient evidence of waiver of the written notice to carry the ease to the jury and the court erred in entering judgment for defendant non obstante veredicto.</p> <p>2. In such ease had defendant desired to take advantage of any forfeiture by reason of plaintiffs’ failure to give the required notice, it should have made an investigation within a reasonable time after the date of the communication received by it, and if such investigation disclosed facts warranting a defense on the policy, should have so notified the plaintiffs.</p>