WARDLE v. MILLER ET AL

Insurance — Liability insurance — Policy — Terms — Notice of accident — "As soon as practicable".

It was Held that the court below had properly determined as a matter of law upon undisputed facts that an insured had given notice of an accident to the liability insurer "as soon as practicable" as required by the policy.

OPINION PER CURIAM January 4, 1954:

The question in this case is whether the court could say, as a matter of law, that the notice by an insured of an accident inflicting injury upon another was given to the liability insurer "as soon as practicable" as required by the policy. The material facts were undisputed. Hence, the question involved was necessarily one of law for the court to decide. The opinion of Judge FLOOD fully justifies the affirmative answer given for the court below.

Judgment affirmed.