MORGAN v. TRAVELERS INS. CO.


8 A.D.2d 945 (1959)

John Morgan et al., Respondents, v. Travelers Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 6, 1959


Judgment reversed and a new trial granted, with costs to abide the event.

The binder provides that the parties are bound "by the terms * * * of the policy * * * in current use by the Company". The policy then in current use required that written notice of an accident be given to the company or any of its authorized agents. Under the circumstances, it was error for the court to charge that written notice was not necessary and that oral notice was sufficient. The policy...

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