delivered the opinion of the court.
A. M. Forbes Cartage Co. v. Frankfort Marine, 195 Ill. App. 75 (1915)
Oct. 6, 1915
·
Illinois Appellate Court
·
Gen. No. 20,471
195 Ill. App. 75
A. M. Forbes Cartage Company, Defendant in Error, v. Frankfort Marine, Accident and Plate Glass Insurance Company of Frankfort-on-the-Main, Germany, Plaintiff in Error.
Gen. No. 20,471.
(Not to be reported in full.)
Error to the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding.
Heard in the Branch Appellate Court at the October term, 1914.
Reversed.
Opinion filed October 6, 1915.
Statement of the Case.
Suit by A. M. Forbes Cartage Company, in the Municipal Court to recover from the Frankfort *76Marine, Accident and Plate Glass Insurance Company of Frankfort-on-the-Main, Germany, the amount of a judgment for personal injuries, with costs and attorney’s fees, which the plaintiff was obliged to pay and which, it claimed, was covered by an insurance policy issued by the defendant. The plaintiff recovered a judgment for $875.20, and this writ of error was sued out by the insurance company.
Abstract of the Decision.
1. Insurance, § 436 * —-what is purpose of provision in indemnity insurance as to notice of accident. The purpose of a provision in an insurance policy, insuring against loss or damage caused by vehicles of the assured, which requires the insured to give written notice to the insurer “immediately upon the occurrence of an accident * * , * with the fullest information obtainable at the time,” is to enable the insurer to ascertain all the facts and circumstances surrounding the accident while such facts are fresh in the memory of witnesses, so that such insurer may be prepared either to defend or to make settlement if any claim is thereafter made or suit brought for damages resulting from personal injuries.
2. Insurance, § 436 * —what is effect of failure to give notice as required by indemnity insurance policy. Under an insurance policy insuring against loss or damage caused by vehicles of the assured, where an accident occurs and the insured as a result of its own investigation is satisfied that no claims for personal injuries can be successfully made, and such insured does not immediately notify the insurer of the accident as required by the policy, it elects to carry the risk itself and absolves the insurer from liability.
Willis G. Shockey and Mills & Holly, for plaintiff in error.
Mather & Hutson, for defendant in error; William A. Sheehan, of counsel.