30 Pa. Super. 456 | Pa. Super. Ct. | 1906
Opinion by
The appellant denies the right of the plaintiff to recover in this action for two reasons : (1) That he did not comply with
This is the fair and practical interpretation of their agreement and probably the one which they gave to it at the time it was entered into, and what is a reasonable time under the special facts is a question for the jury unless the delay has been so great that the court may with confidence decide the question as one of law: People’s Accident Association v. Smith, 126 Pa. 317; Lyon v. Assurance Co., 46 Iowa, 631. The evidence shows that the insured was seriously ill and was subjected to a surgical operation on October 11. His wife made two or three efforts to notify the local agent of the company and failing in that sent the notice as she claimed to the company in Baltimore. The court submitted to the jury the question whether the plaintiff acted with due diligence in giving the notice and there was evidence upon this point from which it might be found that the notice was sent with reasonable promptness, taking into' consideration the condition of the insured and the time when he learned that his condition was
The defendant’s second contention is that the insurance was against total disability; that the contract provided for notice to the company within ten days from the “ termination of the disability; ” that this has reference to total disability; that the total disability terminated on October 3, 1903 ; that proof of the cause and duration of the disability was not given until twenty-one days thereafter and that because of the failure of the insured to give notice within the stipulated time the company is released from liability. It is not pretended that the plaintiff had recovered his health on October 24, and there is evidence from which the jury might well have found that he was totally disabled for a week or ten days thereafter, for while it was stated by him that he rode to his place of business on the fourth, fifth and seventh of that month and re
The assignments of error are overruled and the judgment affirmed.