Vanderbilt Law Review

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In Pennsylvania, etc. Ins. Co. v. Homer,' it appeared that Homer had struck a parked vehicle but failed to stop. His identity was later established and he signed a statement admitting that the accident was his fault and assuming all responsibility in connection therewith, including damage to the vehicle and hospital and medical treatment to any person suffering injuries as a result of the accident. It was not until five months after the collision that Homer's insuror received any notice of the accident. The insuror thereupon filed this action in the chancery court for declaratory judgment to determine its rights and liabilities under the policy issued to Homer. The Supreme Court followed the case of Phoenix Cotton Oil Co. v. Royal Indemnity Co. in holding that the giving of notice as soon as practicable as required by the policy was a condition precedent to liability and that the delay of five months constituted a breach of this requirement, regardless of whether the insuror showed any prejudice from the delay.

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