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PITTS v. THE AETNA CASUALTY & SURETY COMPANY

No. 48, Docket No. 23135.

218 F.2d 58 (1954)

Ruby Mae PITTS, Plaintiff-Appellee, v. THE AETNA CASUALTY & SURETY COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 8, 1954.

Attorney(s) appearing for the Case

Jules Chopak, New York City, for plaintiff-appellee.

William S. O'Connor, New York City (Benjamin H. Siff, New York City, of counsel), for defendant-appellant.

Before CLARK, Chief Judge, and L. HAND and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. Section 167, subd. 1(d) of the statute provides that "failure to give any notice required to be given by such policy within the time prescribed therein shall not invalidate any claim made by the insured or by any other claimant thereunder if it shall be shown not to have been reasonably possible to give such notice within the prescribed time and that notice was given as soon as was reasonably possible." On September 11 or September 17, 1952...

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