Swain v. Security Live-stock Ins. Co.

• Decision Date: 28 February 1896
• Parties: SWAIN et al. v. SECURITY LIVE-STOCK INS. CO.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

165 Mass. 321

43 N.E. 105

SWAIN et al. v. SECURITY LIVE-STOCK INS. CO.

Supreme Judicial Court of Massachusetts, Suffolk.

February 28, 1896

COUNSEL

Geo. Fred. Williams and G.W. Anderson, for plaintiffs.

J. Henry Taylor, for defendant.

OPINION

ALLEN, J.

The plaintiffs' horse was in charge of a trainer named Cox, and lived 20 hours after Cox knew that it was sick. No notice was given to the defendant until after the horse was dead. This was a plain failure to comply with the requirement of the policy, that "if the animal shall become sick or disabled the insured shall notify the company within fifteen hours." No fact appears tending to show a waiver by the defendant of this requirement. The clause bears some analogy to the time limit in ordinary policies for proofs of loss. The requirement was a valid one. Lohnes v. Insurance Co., 121 Mass. 439; Harnden v. Insurance Co., 164 Mass. 382, 41 N.E. 658; Davis v. Davis, 49 Me. 282. We do not determine or consider whether the 15 hours would begin to run before knowledge of the horse's sickness by the plaintiffs or their agent, or whether the notice must actually reach the defendant within the 15 hours. These questions are suggested by the plaintiffs, but do not arise upon the facts of the case. Judgment for the defendant.