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LIBERTY MUT. INS. CO. v. HAECKER INDUS.

April 30, 1971

LIBERTY MUTUAL INS. CO.
v.
HAECKER INDUSTRIES, INC. ET AL.


VanArtsdalen, J.


The opinion of the court was delivered by: VANARTSDALEN

VANARTSDALEN, J.:

 1. A fire occurred on the premises owned by Haecker Industries, Inc., and Haecker Realty Company (hereinafter called "Haecker"), located at 1415 North 31st Street, Philadelphia, Pennsylvania, on September 14, 1965.

 2. That fire completely destroyed the Haecker property and damaged an adjoining building owned or leased by Acme Markets, Inc. (hereinafter called "Acme").

 3. Haecker is a Pennsylvania corporation, and Liberty Mutual Insurance Co. (hereinafter called "Liberty Mutual") is a Massachusetts corporation, with its principal place of business at 175 Berkeley Street, Boston, Massachusetts.

 4. Liberty Mutual was the liability fire insurance carrier for Haecker at the time of the fire.

 
"NOTICE OF ACCIDENT. When an accident occurs written notice shall be given by or on behalf of the insured to the company or any of its authorized agents as soon as practicable. Such notice shall contain particulars sufficient to identify the insured and also reasonable obtainable information respecting the time, place and circumstances of the accident, the names and addresses of the injured and of available witnesses."

 6. Sometime in September, 1965, after the fire, Mr. George Fair, a Haecker employee, sent the following form letter to its creditors and Liberty Mutual:

 
"Liberty Mutual Insurance
 
15 Esso Road
 
Bala-Cynwyd, Pa.
 
"Gentlemen:
 
"On Tuesday, September 14, fire completely destroyed our factory and office at 1415-33 North 31st Street.
 
"Since all our records were destroyed, we must ask your help.
 
"Will you please send us, as soon as possible, an itemized statement of our account with your company from April 30, 1965 to date together with ...

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