WEAVER v. AM. MOTORISTS INS.


80 Misc.2d 569 (1975)

Harold M. Weaver, an Infant, by His Parent, Anna M. Weaver, Plaintiff, v. American Motorists Insurance Company, Defendant. Floyd Weaver, Jr., Plaintiff, v. American Motorists Insurance Company, Defendant.

Supreme Court, Special Term, Montgomery County.

January 13, 1975


Attorney(s) appearing for the Case

William J. Stewart for defendant. Robert L. Briskie for plaintiffs.


WILLIAM J. CRANGLE, J.

Defendant moves to dismiss plaintiffs' complaint and for summary judgment upon the ground that written proof of claim under a medical payment clause contained in the automobile liability sued upon was not given "as soon as practicable" as required by the contract.

The accident in which plaintiffs were injured happened August 3, 1970. Defendant received notice of the accident August 11, 1970. The plaintiffs' last medical...

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