Nw. Tel. Exch. Co. v. Md. Cas. Co.

• Decision Date: 20 June 1902
• Citation: 90 N.W. 1110,86 Minn. 467
• Parties: NORTHWESTERN TEL. EXCH. CO. v. MARYLAND CASUALTY CO.
• Court: Minnesota Supreme Court

86 Minn. 467

90 N.W. 1110

NORTHWESTERN TEL. EXCH. CO.

v.MARYLAND CASUALTY CO.

Supreme Court of Minnesota.

June 20, 1902.

Appeal from district court, Ramsey county; Kelly, Judge.

Action by the Northwestern Telephone Exchange Company against the Maryland Casualty Company. Verdict for plaintiff. From and order denying a new trial, defendant appeals. Reversed.

Syllabus by the Court

The policy of insurance issued by appellant to respondent contained the following provision: ‘The assured, upon the occurrence of an accident, shall give immediate notice thereof, in writing, with full particulars, to the home office at Baltimore, Md., or to its duly authorized agents. He shall give like notice, with full particulars, of any claim that may be made on account of such accident.’ An accident occurred to one of respondent's employés while under the supervision of a foreman. The foreman, upon the assumption that no injury resulted, made no report of it, and the company obtained no information of the occurrence from any other source. More than a year later the employé began an action against respondent for damages resulting from the accident, and received in settlement the sum of $750. Held, that under the terms of the policy it was the duty of respondent to report all accidents or occurrences of which it had knowledge, and for that purpose the foreman in charge was respondent's agent. Notice more than one year later was not within reasonable time, and not within the provisions of the contract, and appellant was accordingly relieved from liability. Woods, Kingman & Wallace, for appellant.

C. D. & Thos. D. O'Brien (D. F. Morgan, of counsel), for respondent.

LEWIS, J.

The appellant, Maryland Casualty Company, of Baltimore, Md., issued a policy of insurance to respondent, the Northwestern Telephone Exchange Company, indemnifying it against liability for all claims against the assured as a result of the risk specified in the contracts thereto attached. The policy contained the following provision: ‘The assured, upon the occurrence of an accident, shall give immediate notice thereof, in writing, with full particulars, to the home office at Baltimore, Md., or to its duly authorized agent. He shall give like notice, with full particulars, of any claim that may be made on account of such accident.’ On October 14, 1899, one Harrell was in respondent's employ in a repair crew at work on Mississippi street, in St. Paul under the supervision of a foreman, and while digging a hole for a pole the earth caved in upon him, but he was extricated by his fellow employés, including the foreman, and, no serious results being apparent, no report of the...