MacArthur v. Order of United Commercial Travelers of America

Judgment reversed, and new trial granted, with costs to appellant to abide event. Held: (1) That the notice of claim was sufficient as a matter of law. (2) That the proof was sufficient to require the submission to the jury of the question of fact as to whether or not there had 'been a waiver of further notice and proofs of loss, but the complaint should be amended so as to make proof of waiver available. (3) That the proofs were sufficient to require the submission to the jury •of the question of whether or not the insured, Peter H. McArthur, came to his death solely by reason of bodily injuries, effected through accidental means. Reargument denied, 140 N. Y. Supp. 1129.