John S. Melcher, Appellant v. Ocean Accident and Guarantee Corporation, Limited, Respondent

Summary

The New York Court of Appeals affirmed the trial jury verdict for the plaintiff, holding that the insurance policy's requirement of immediate written notice of an accident was satisfied because the assured had no reason to believe an injury had occurred at the time. The court also reversed the Appellate Division's dismissal of the complaint, finding that the lower court's jury instructions were as favorable to the defendant as could be asked. The decision rests on the definition of "accident" and the lack of knowledge of injury.