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Contracts Keyed to Summers
Hanna v. Commercial Travelers’ Mutual Accident Association
Facts
Commercial Travelers’ Mutual Accident Association (Defendant) issued an accident insurance policy to Lyman (insured). The insured disappeared in 1913 and was found in his car at the bottom of a river in 1917. The insurance policy stated that the failure to report accidents within specified timeframes would result in the invalidation of any claims against Defendant. Notice of the insured’s accident and death was not provided to Defendant as required by the policy. William E. Hanna (Plaintiff) sued on behalf of the insured, arguing that noncompliance with the notice requirements of the policy was excused by the impossibility of compliance prior to the discovery of the insured’s death in 1917. The trial court granted Plaintiff a judgment of $5,978.40.
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