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HOME INDEMNITY COMPANY v. WARE

No. 13323.

285 F.2d 852 (1960)

HOME INDEMNITY COMPANY, a Corporation of the State of New York, Appellant, v. Harry T. WARE, Frederick M. White, a Minor Also Referred to Sometimes as Frederick White, Charles Cesarini, a Minor, Anthony Cesarini, Jr., a Minor and Anthony Cesarini.

United States Court of Appeals Third Circuit.

Decided December 28, 1960.

Attorney(s) appearing for the Case

F. Alton Tybout, Wilmington, Del. (Prickett & Prickett, Wilmington, Del., on the brief), for appellant.

H. James Conaway, Jr., Wilmington, Del. (William F. Taylor, Wilmington, Del., on the brief), for Charles Cesarini, Anthony Cesarini, Jr., and Anthony Cesarini, appellees.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

In controversy here is the interpretation of a clause in an automobile liability insurance policy which requires as a condition of the insurer's liability that it be given notice of any accident "as soon as practicable". The insurer, Home Indemnity Co., sued for a declaratory judgment of non-liability on the ground that notice of the accident in question was not given soon enough to satisfy the notice...

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