Massachusetts Supreme Judicial Court, 1965

Brackman v. American Employers' Insurance

Massachusetts Supreme Judicial Court · Decided June 9, 1965

349 Mass. 767; 208 N.E.2d 225

Cases that cite this one

14 later published cases cite this decision.

Highlands Insurance v. Employers' Surplus Lines Insurance (United States District Court Eastern District of Louisiana 1980)
Ratner v. Canadian Universal Ins. Co. Ltd. (Mass. 1971)
Pawtucket Mutual Insurance v. Dolby (District Court, D. Massachusetts 1969)
Hale v. Elco Administrative Services (Mass. App. Ct. 2007)
Eastern Products Corp. v. CNA Insurance (Massachusetts Superior Court 2000)
Harrington v. Commerce Insurance (Massachusetts Superior Court 1994)
Royal-Globe Insurance v. Craven (Mass. 1992)
Clifford Construction Co. v. Liberty Mutual Insurance (Mass. Dist. Ct., App. Div. 1981)
More v. United States Fidelity & Guaranty Co. (Mass. Dist. Ct., App. Div. 1980)
Spooner v. GENERAL ACCIDENT FIRE & LIFE ASSU. CORP. (Mass. 1979)
Spooner v. General Accident Fire & Life Assurance Corp. (Mass. 1979)
Morse v. Employers' Liability Assurance Corp. (Mass. App. Ct. 1975)
Peters v. Saulinier (Mass. 1967)
Fisk v. Atlantic National Insurance (N.H. 1967)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Decree affirmed. On undisputed evidence the judge found that notice of an accident on the insured’s premises was given to the insurer by the insured forty days after the latter had knowledge of the occurrence. The notice provisions of the liability policy issued by the insurer to the insured were the same as those in Depot Cafe Inc. v. Century Indem. Co. 321 Mass. 220, 221. The judge ruled that the insured failed to comply with the requirement that notice be given “as soon as practicable.” He' dismissed the bill brought by the plaintiffs under G. L. e. 175, §§ 112,113, and c. 214, § 3 (10), to reach and apply the policy in payment of their judgments against the insured. There was *768no error. All of the issues raised by the plaintiffs are disposed of by what was said in Segal v. Aetna Cas. & Sur. Co. 337 Mass. 185, McCarthy v. Rendle, 230 Mass. 35, Potter v. Great Am. Indem. Co. 316 Mass. 155, and in Depot Cafe Inc. v. Century Indem. Co. 321 Mass. 220.

Robert D. O’Leary for the plaintiffs. Philander S. Ratzkoff for the insurer.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.