The unexcused delay of at least 35 days in giving notice to defendant after plaintiffs had become fully aware that the claim being asserted against them was within the coverage of defendant's policy was, under the circumstances presented herein, a breach of condition as a matter of law, and fatal to the plaintiffs' cause of action (Deso v. London & Lancashire Ind. Co. of America,
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MELVIN v. PUB. SERV. MUT. INS. CO.
17 Misc.2d 624 (1958)
David Melvin et al., Doing Business as Sam Melvin & Sons, Respondents, v. Public Service Mutual Insurance Company, Appellant.
Supreme Court, Appellate Term, Second Department.https://leagle.com/images/logo.png
December 23, 1958.
December 23, 1958.
Attorney(s) appearing for the Case
Spar, Schlem & Burroughs (
Concur — PETTE, DI GIOVANNA and BROWN, JJ.
Supreme Court, Appellate Term, Second Department.
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