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234   RIGHTS AND POWERS OF INSURER

not excused. Hanna v. Commercial Travelers Mut. Ace. Assn. (1922) 204 App. Div. 258, 197 N. Y. S. 395, Comment (1923) 7 Minn. L. Rev. 505.

The insured was struck on the head, but thinking the injury was trivial continued work. As a result of the injury, however, he became insane six days later and died the seventh. The policy required notice within fifteen days after the accident. It was held that notice within fifteen days after the insanity was sufficient, since not until then was there an "accident resulting in disability." Rorick v. Railway Officials &c. Ace. Assn. (1902) 119 Fed. 63.

In Veriest v. Motor Union Ins. Co., Ltd. [1925] 2 K. B. 137, Comment (1926) 24 Mich. L. Rev. 728, the plaintiff learned of insured's death within a month, but did not know of the policy for a year when he gave notice to the company. It was held that this was "notice as soon as possible." But notice sent five days after death and three days after the funeral is not "immediate" notice. Wilcox v. Massachusetts Protective Assn. (1929, Mass.) 165 N. E. 429, Comment (1929) 9 Bost. U. L. Rev. 274.

See further the comment (1911) 24 Harv. L. Rev. 580 and the cases in 59 A. L. R. 1080.


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