January 4, 1954
MILLER (ET AL., APPELLANT)
Appeals, Nos. 292 and 293, Jan T., 1953, from judgment of Court of Common Pleas No. 4 of Philadelphia County, March Term, 1952, No. 3538, in case of Richard J. Wardle et ux. v. William J. Miller and Lumbermen's Mutual Casualty Company. Judgment affirmed.
Lynn L. Detweiler, with him Swartz, Campbell & Henry, for appellant.
Maurice Freedman, with him Robert H. Arronson and Herbert H. Hadra, for appellees.
Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.
[ 375 Pa. Page 567]
OPINION PER CURIAM
The question in this case is whether the court could say, as a matter of law, that the notice by an insured
[ 375 Pa. Page 568]
of an accident inflicting injury upon another was given to the liability insurer "as soon as practicable" as require by the policy. The material facts were undisputed. Hence, the question involved was necessarily one of law for the court to decide. The opinion of Judge FLOOD fully justifies the affirmative answer given for the court below.
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