William J. Whiteside, Respondent v. the North American Accident Insurance Company of Chicago, Illinois, Appellant

Summary

The New York Court of Appeals held that the insured's delirium did not excuse failure to give the ten‑day written notice of sickness required by the policy, so the complaint did not state a cause of action. The Court reversed the Appellate Division and affirmed the trial court's judgment, and a dissent argued the notice rule should be applied more flexibly to sickness.