Standard Accident Insurance Company v. Sonne, Civ. A. No. 2802.
| Decision Date | 14 December 1954 |
| Docket Number | Civ. A. No. 2802. |
| Citation | 128 F. Supp. 83 |
| Court | U.S. District Court — Western District of Kentucky |
| Parties | STANDARD ACCIDENT INSURANCE COMPANY, Plaintiff, v. Dr. Irvin F. SONNE, Albert Duncan Booker, an infant three years of age, Rachel G. Booker, Joe G. Leibson, Defendants. |
King & Porter, Walter R. King, Louisville, Ky., for plaintiff.
J. Blakey Helm, Van Meter Fishback, Louisville, Ky., for defendant.
This case was tried to the Court October 20, 1954.
After considering the pleadings, the evidence heard at the trial, the argument of counsel and the briefs, the Court makes the following
The premium was paid and this policy was in effect from November 14, 1952, for a period of one year.
2. July 28, 1953, Albert Duncan Booker, an infant three years of age, was injured in an accident at the Central Hotel, 529 South 8th Street, where he was living with his mother Rachel Booker, when he fell from the second floor of the fire escape.
3. Eugene Reed, manager of the Central Hotel, who was manager of the hotel at that time, and who during the absence of the owner, Dr. Sonne, had complete charge of the hotel, at the time the accident occurred, knew when the accident happened and that the child was taken to General Hospital by the Police, whom he testified he called after the happening of the accident, although he said he did not know the extent of the injuries.
4. Within two days after the accident occurred, the said Eugene Reed informed Dr. Sonne that an accident had occurred at the hotel and although he did not relate the details, he did relate that a child had fallen from the second floor of the fire escape. No investigation was made by Dr. Sonne to determine how the accident occurred or the extent of the injuries.
5. Shortly after October 10, 1953, Eugene Reed talked with Mr. Joseph Leibson, who at that time was attorney for Rachel Booker, the infant's mother, and was informed by Mr. Leibson that he was investigating the accident and on October 12, 1953, Mr. Leibson and a photographer were at the hotel taking photographs of the fire escape from which the infant had fallen and the said manager Reed, or a person whom Mr. Leibson took to be the manager, knew the photographs were being taken in connection with the aforesaid accident.
6. Neither Dr. Irvin F. Sonne, nor anyone in his behalf, notified the plaintiff Standard Accident Insurance Company, in writing or orally, that an accident had occurred at the hotel from July 28, until February 12, 1954, when Irvin F. Sonne, as defendant, was served with a summons in a State Court action arising out of the accident, at which time, he called an agent of the company and reported the accident. Dr. Sonne testified that the accident was reported to him by Reed within a couple of days after it occurred, but that he inferred it was a minor accident. He said he did not inquire of Reed if the child was injured.
7. The knowledge of Eugene Reed, manager of the hotel, of this accident, whose duty it was to report same to Dr. Sonne, the insured, is imputed to the insured.
8. Because of the delay in reporting the accident to the plaintiff, Standard Accident Insurance Company, said plaintiff company was delayed and hampered in the investigation of said accident.
I. The Court has jurisdiction of the parties and of the subject matter in this controversy. Title 28 U.S.C.A. § 1332.
II. Neither written nor oral notice of the accident here involved was given to the Standard Accident Insurance Company or any of its authorized agents as soon as practicable. The terms and conditions of liability policy number GB-621315 issued by the plaintiff to the defendant were breached by the failure of defendant Irvin F. Sonne to report said accident in accordance with the term of the policy.
In the case of Southern Surety Company v. Heyburn, 234 Ky. 739, 29 S.W. 2d 6, one of the conditions of the policy involved was that the assured "`shall give immediate written notice to the Company or its duly authorized Agent'" whenever the assured or bailees "`shall have knowledge or receive information of any occurrence which might result in a claim against the Assured or Bailees for damages on account of bodily injury sustained or for any other cause, and for which claim they might expect indemnity under this policy * *...
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...of a claim against the insured absolves the insurer from liability, as this Court has determined in the cases of Standard Accident Insurance Co. v. Sonne, D.C., 128 F.Supp. 83, and Hines v. Royal Indemnity Co., D.C., 141 F.Supp. (4) This Court, having jurisdiction of this case because of di......
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