Moore v. National Acc. Soc.
| Decision Date | 30 March 1905 |
| Citation | 38 Wash. 31,80 P. 171 |
| Parties | MOORE v. NATIONAL ACCIDENT SOCIETY. |
| Court | Washington Supreme Court |
Appeal from Superior Court, Kittitas County; Frank H. Rudkin, Judge.
Action by Cash Moore against the National Accident Society. From a judgment in favor of defendant, plaintiff appeals. Reversed.
Mires & Warner and Graves & Englehart, for appellant.
Whitson & Parker, for respondent.
On November 9, 1899, the appellant purchased an accident insurance policy from the respondent, by the terms of which the respondent insured him for a limited period against the effects of bodily injury caused solely by external, violent and accidental means; agreeing to pay him, if wholly disqualified from transacting business by any such injury the sum of $25 per week for a period of 52 weeks, if his disability continued so long. Among the conditions of the policy was one to the effect that a failure on the part of the insured or his beneficiary to give notice to the company of an injury to the insured for a period of 10 days after the injury occurred should invalidate the policy. The appellant was injured and totally disabled while the policy was in force, and, when he demanded payment for his loss, was met with a refusal on the part of the company on the ground that he had not given notice of his injury within 10 days, as provided in the policy. He thereupon brought this action to recover upon the policy. At the trial, which was being had before the court and a jury, the respondent moved for a nonsuit at the close of the appellant's case, which motion the court granted, entering a judgment dismissing the action.
The grounds upon which the motion to dismiss were granted are not made to appear in the record, but it is gathered from the briefs of counsel that the decision was rested on the ground that the appellant did not furnish proofs of his injury within the period limited after giving notice to the company that he had received an injury. We think, however, that the respondent was estopped to urge this defense. The police provided that written notice should be given to the secretary of the company, at New York, by the insured, or by the beneficiary under the policy, stating full particulars of the accident and injury, within 10 days from the date of the injury. There was evidence introduced at the trial tending to show that this notice was furnished, also letters from the secretary denying...
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