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DEARBORN NAT. CASUALTY CO. v. CONSUMERS PETROLEUM CO.

No. 9133.

164 F.2d 332 (1947)

DEARBORN NAT. CASUALTY CO. v. CONSUMERS PETROLEUM CO.

Circuit Court of Appeals, Seventh Circuit.

November 15, 1947.

Attorney(s) appearing for the Case

Andrew J. Farrell, of Chicago, Ill., for appellant.

Harry G. Hershenson, Edward Hershenson, James B. McKeon and Hershenson & Hershenson, all of Chicago, Ill., for appellee.

Before KERNER and MINTON, Circuit Judges, and BRIGGLE, District Judge.

MINTON, Circuit Judge.

The plaintiff-appellant, an insurance company, issued its automobile liability and property damage policy to the defendant-appellee covering all commercial automobiles owned by the defendant, including a fuel oil truck used to deliver fuel oil to consumers. The policy provided: "Notice Of Accident — Upon the occurrence of an accident written notice shall be given by or on behalf of the Insured to the Company or any of its authorized agents...

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