Ruby Mae Pitts v. The Aetna Casualty & Surety Company

*62L. HAND, Circuit Judge

(concurring).

I concur; but I am in more doubt than my brothers about the scope of Bazar v. Great American Indemnity Co., 306 N.Y. 481, 119 N.E.2d 346. I am disposed to confine it to a ruling that notice, if given by the insured, as well as if given by the injured party, must be in writing. On the facts the decision seems to have gone further; for it held that a delay by the insured to give notice defeated recovery by the injured party, who, so far as appears, was not dilatory after he learned of the insurance; but it is so unlikely that the injured person should be vicariously charged with the insured’s delay that we may safely believe the decision to be limited to the point I mention.