FIDELITY & CASUALTY CO. OF NEW YORK v. ROSENHEIMER

No. 3809.

17 F.2d 961 (1927)

FIDELITY & CASUALTY CO. OF NEW YORK v. ROSENHEIMER et al.

Circuit Court of Appeals, Seventh Circuit.

March 29, 1927.


Attorney(s) appearing for the Case

Wm. A. Hayes, of Milwaukee, Wis., for plaintiff in error.

Chas. B. Quarles, of Milwaukee, Wis., for defendants in error.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.


EVAN A. EVANS, Circuit Judge (after stating the facts as above).

As one of its defenses, applicable to both policies, defendant contends that plaintiffs were obligated to give prompt notice of the pendency of any claim — malpractice, error, or mistake; that they did not do so, and therefore liability on its part terminated. The clause in the policy relied upon, reads:

"In case the assured becomes aware of any malpractice, error or mistake covered hereunder...

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