FITCH COMPANY v. INSURANCE COMPANY

No. 4229.

99 N.H. 1 (1954)

A. PERLEY FITCH COMPANY v. CONTINENTAL INSURANCE CO.

Supreme Court of New Hampshire.

Decided April 21, 1954.


Attorney(s) appearing for the Case

Devine & Millimet and Morse, Hall & Morse (Mr. J. Murray Devine orally), for the plaintiff.

Sheehan, Phinney & Bass and William S. Green (Mr. Green orally), for the defendant.


BLANDIN, J.

It is conceded by the defendant that it has waived the policies' requirements of notice of loss. However, the policies provide with reference to the conditions precedent as follows: "No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with. . . ." It is undisputed that under our law unless the plaintiff's failure to comply with...

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