Hunt v. Fidelity & Cas. Co. of New York

• Citation: 93 S.E. 900,174 N.C. 397
• Decision Date: 24 October 1917
• Docket Number: 329.
• Parties: HUNT v. FIDELITY & CASUALTY CO. OF NEW YORK.
• Court: United States State Supreme Court of North Carolina

93 S.E. 900

174 N.C. 397

HUNT v. FIDELITY & CASUALTY CO. OF NEW YORK.

No. 329.

Supreme Court of North Carolina

October 24, 1917

Appeal from Superior Court, Granville County; Kerr, Judge.

Action by W. H. Hunt, receiver of the International Furniture Company, against the Fidelity & Casualty Company of New York. Judgment for defendant, and plaintiff appeals. Error.

Evidence that plaintiff employer notified defendant liability insurance company of accident to employee one month thereafter, but as soon as he knew employee intended making claim and that defendant was notified when suit was started and was represented at trial, made jury questions whether provisions requiring immediate notice of injury and forwarding of summons to insurer were complied with or waived.

The International Furniture Company took out an employers' liability insurance policy in the defendant company to the amount of $10,000 against liability for damages on account of bodily injuries or death suffered by any of its employés while engaged in its employment, with stipulations that the insured should give immediate written notice of any accident sustained by an employé to the insurer or to its agent who had countersigned the policy, and of any claim for damages on account thereof, with full particulars, and if any suit should be instituted against the assured on account of said accident it should immediately forward the summons served on it to the insurer. The policy was countersigned, "J. R Roller & Sons Co., J. R. Hall, Mgr." Thereafter on August 11, 1914, during the life of the policy, an employé R. L. Ingold, was injured. The insured on September 12th sent a written notice to R. J. Hall, manager of the J. R. Roller & Sons Company, who had countersigned the policy. It did not however, forward the summons to the defendant's home office, but there was evidence by the president and general manager of the assured that he did not know that Ingold was seriously injured, or that he contemplated bringing action against the assured for his injury, and that within a few hours, in less than a day's time, after learning this he caused the bookkeeper of the furniture company to give notice in writing to John R. Hall, manager of the J. R. Roller & Sons Company, agents of the defendant, and who had countersigned the policy of insurance, that Ingold had received an injury, and as soon as Ingold informed him that he expected to hold his company...