Opinion
August 1, 1961
Present — Bergan, P.J., Gibson, Herlihy, Reynolds and Taylor, JJ. [ 25 Misc.2d 707.]
Appeal from a judgment entered on a decision rendered at a Trial Term, Supreme Court, Schoharie County. Plaintiff Allstate Insurance Company's assured Effie Bouck, was a 73-year-old woman, crippled as the result of a stroke, confined to a wheel chair, never having driven an automobile and now deceased. On November 26, 1957 her Chevrolet automobile which plaintiff covered was driven by her grandson, Charles Butler, and was involved in an accident. The driver reported to her that "a car come up behind him * * * he didn't feel as if he was to blame, because he was parked by the road and he didn't see nobody when he was parked there — nobody in sight neither way * * * I asked him if he reported it and he said no, he didn't think he had to because he didn't feel he was to blame. He thought that those people that were taking down notes had reported it, and come to find out later it wasn't reported." The policy of Mrs. Bouck required that written notice "shall be given by or on behalf of the insured to the company * * * as soon as practicable". The summons in an action was served about two months after the accident, January 29, 1958, and it soon after came to the attention of plaintiff or its agent. The court at Special Term after a trial has held that transmission of the summons at this time was as soon as practicable; and we think the decision was right. The physical condition of the insured made her dependent entirely upon others for the completeness and accuracy of information concerning an accident. If she did not know at all of an accident; or if one had been reported to her in a form suggesting it lacked such severity as to warrant a report, it would be surely as soon as "practicable" when she learned the full truth. Here the aged, crippled and ill assured heard a report from the driver suggesting either a minor affair or one which would carry no liability; and which, in any event, had been reported to public authority; and we think that the time when she received the summons and transmitted it to the plaintiff was "as soon as practicable" under the special facts of this record. Judgment unanimously affirmed, with costs.