Hanna v. Commercial Traveler's Mutual Accident Association

142 N.E. 288 (1922)

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Nature of the Case

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Facts

D issued an insurance policy to Lyman. In 1913 the insured disappeared, and no trace of him was found until 1917 when his automobile was dredged up from the bottom of the Delaware River. P presented a claim to D. D denied the claim, and P sued. D pleaded the failure to comply with the following provisions of the policy: 'Notice of every accident for or on account of which a claim may be made shall be given immediately after it happens to the Secretary at Utica, N. Y., in writing, with full particulars of the accident and injury, and failure to give such immediate written notice shall invalidate all claims under this contract which may be made on account of such accident; and unless affirmative and positive proof of the death or injury and that the same resulted from causes covered by the contract shall be furnished within six months of the happening of such accident, then all claims based thereon shall be forfeited to the Association. Notice of death for which a claim may be made shall be given in writing to the Secretary of the Association within ten days from the date of such death, and failure to give such notice within said ten days shall invalidate any claim for loss by death.'