LeSage v. Utilities Ins. Co.
| Decision Date | 21 November 1942 |
| Docket Number | No. 10183.,10183. |
| Citation | 131 F.2d 536 |
| Parties | LeSAGE v. UTILITIES INS. CO. et al. |
| Court | U.S. Court of Appeals — Fifth Circuit |
C. F. Marshall, of Graham, Tex., and Emil Corenbleth, of Dallas, Tex., for appellant.
Robert B. Holland and Hobert Price, both of Dallas, Tex., for appellees.
Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.
This is an action by R. S. LeSage, an insured, to enforce indemnity against his insurers with respect to judgment liabilities incurred by him arising out of an automobile collision. The court below directed a verdict for the defendants on the ground that notice of the accident was not communicated to the insurers within the time fixed by the policy as a condition precedent to indemnity thereunder, and from the judgment entered upon that verdict this appeal was brought. A reversal is sought on three grounds: (1) That, under the facts of the case, whether or not the notice was timely was a question for determination by the jury; (2) that the requirement of notice in the policy was void by reason of conflict with Article 5546 of the Revised Civil Statutes of Texas; and (3) that if the question of timeliness of the notice was a question of law, the court decided it erroneously.
On June 12, 1936, one of appellant's employees was driving an automobile belonging to appellant along a paved highway in Texas. While proceeding at a low rate of speed, the car collided with the rear of an automobile that was stopped on the highway. The impact was sufficient to force the latter car off the road. The front fender, headlight, and grillwork of the Le- Sage car were damaged, and the spare tire rack of the other car was bent out of position; the evidence is in dispute as to whether any personal injuries apparently resulted to the occupants of the car.
The employee stopped his car to ascertain the extent of the damage to the automobiles, and he also asked the occupants of the other car concerning any personal injuries they might have sustained. He then returned to his place of business, and informed appellant's manager of the accident, advising him that no one was injured. No further investigation was made, and no report of the occurrence was given to the insurers until June, 1938, when the first suit for damages was filed.
Paragraph A(1) of the indemnity contract required the insured, upon the occurrence of any accident covered by the policy, to give the insurer immediate notice thereof with the fullest information obtainable, irrespective of whether any personal injury or property damage was apparent at the time. Paragraph L provided that, unless the insured complied with...
To continue reading
Request your trial
-
New York Underwriters Ins. Co. v. Coffman
...notice was held not to be given as soon as practicable concerned periods of time greatly in excess of 16 days. LeSage v. Utilities Insurance Co., 131 F.2d 536 (5th Cir., 1942) (2 years); Hefner v. Fidelity & Casualty Co. of New York, 160 S.W. 330 (Tex.Civ.App., El Paso, 1913, certified ques......
-
Eveready Ins. Co. v. Levine
...existed a strong possibility that a personal injury claim would eventually be made against the insured (see, e.g., LeSage v. Utilities Ins. Co., 5th Cir., 131 F.2d 536; Lilly v. Ohio Cas. Ins. Co., 234 F.Supp. 53; see also, Annotation, Insurance--Notice--Trivial Occurrence § 2 § 4 § 539 A.L......
-
Pennsylvania T. & F. Mut. Cas. Ins. Co. v. Thornton
...v. Continental Casualty Co., 2 Cir., 140 F.2d 211; Callaway v. Central Surety and Ins. Corp., 5 Cir., 107 F.2d 761; and LaSage v. Utilities Ins. Co., 5 Cir., 131 F.2d 536. We must assume, as the jury evidently found, that the papers were in fact delivered on July 2, 1954, after the expirati......
-
Greyhound Corp. v. Excess Insurance Co. of America
...29 Am.Jur. 827, et seq. Insurance § 1104; Standard Accident Ins. Co. v. Alexander, 5 Cir., 1939, 103 F.2d 500; Le Sage v. Utilities Ins. Co., 5 Cir., 1942, 131 F.2d 536. It has been said that "immediate", in provisions in casualty insurance policies for notice of an accident, is to be given......