A Treatise On the Law of Fire Insurance, With a Philosophical And Analytical Discussion of Leading Cases

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and 0. a ratable proportion of the premium. It was their insurance that was being canceled, not A.'s. The court, too, we think, erred in submitting to the jury the question of whether the insured had reasonable notice of the can- cellation, t In this view we are sustained by the New York court of appeals in the case of Lipman v. Niagara Fire Ins. Co.^" The decision is a late one, and carefully considered. The conditions of the policy in regard to cancellation differ in no essential particulars ...from that in the suit of Chadbourne v. German-American Ins. Co., supra, and three hours after notice of cancellation was given the property was destroyed by fire. Among other things, the plaintiff urged that the liability of the insurer could not be terminated without reasonable notice. The court said: "It remains to consider whether, under the condition, the policy terminated eo instanti on notice by the com- ■ 80 121 N. Y. 454, 24 N. B. 61)9.
(68) Cll- 1) CONTRACT. § 21 pany. There is no language which, postponed the effect of notice un- til the lapse of a reasonable time thereafter.


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